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Legal Instruments

TERMS AND CONDITIONS

The terms and conditions set forth below constitute the agreement under which Cibersys (hereinafter CIBERSYS), will grant THE CLIENT the use of the Virtual Firewall solution (hereinafter Service). The Service use by THE CLIENT, implies its adherence to these terms and conditions and is subject to them and the modifications that may be suffered. In case of acting together, they will be referred to as THE PARTIES.

If THE CLIENT at any time does not agree totally or partially with the terms and conditions of this document, It must abstain immediately from using the Service. The terms and conditions of the service will be governed by the following clauses:

FIRST. OBJECT: The purpose of this document is to establish the terms and conditions under which CIBERSYS will grant THE CLIENT, the use of the Service, whose definition, requirements, activation, advantages, scope and activities will be established in this contract.

SECOND. SERVICE DEFINITION: THE VIRTUAL FIREWALL SOLUTION:It is a solution oriented to FWaaS (Firewall as a Service), which offers a wide range of networks and security functions, with flexibility and simplicity. It is based on SDN (Software Defined Networking) and NFV (Network Function Virtualization) technology which allows adapting to any network architecture.

Virtual Firewall is a solution that combines software for the creation of a solution that replaces the use of physical equipment (Firewalls) in the clients and operators networks. The solution considers the installation of a server in the cloud (Data center connected to Internet) from where the security solution is provided. This solution is based on a own free software development that allows to apply all the networks security policies to the links connected to this solution.

THIRD. REQUIREMENTS TO PROVIDE AND RECEIVE THE SERVICE: THE CLIENTaccepts and acknowledges that in order for CIBERSYS to grant the use of the Virtual Firewall solution, it is necessary that THE CLIENT establishes an IPsec tunnel from its router to our solution, in order to enjoy the Service.

FOURTH THE SERVICE’S COMPATIBILITY AND ACTIVATION, is compatible with architectures SDN (Software Defined Networking) and NFV (Network Function Virtualization), which simplify the processes of provisioning and management of services as the networks evolve. The SERVICE will be activated by CIBERSYS, as long as THE CLIENT has accepted these terms and conditions.

FIFTH. ADVANTAGES OF USING THE SERVICE: Virtual Firewall is a data security solution that protects your corporate network from any type of threats and attacks that may arise in it. The advantages of using this Service, would be:

  1. The solution allows it to be offered as a service and prevents the client from acquiring equipment or licenses.
  2. It allows having centralized and protected navigation on the Internet.
  3. It has the ability to establish security filtering to connected offices.
  4. It allows to establish centralized policies and administration of security.
  5. It allows to prioritize traffic through traffic shaping.
  6. It has the characteristic of configuring Captive Portal (this controls access to the internet).

Likewise, within the benefits of this service, we find the Antivirus solution, being an integrated functionality in security solutions with which it is possible to control what type of HTTP data flow should be analyzed. If a file is downloaded the antivirus analyzes it and if it is not considered malicious it is delivered to the user, otherwise the download will be blocked.

SIXTH: SCOPE AND ACTIVITIES OF THE SERVICE: The solution covers the following functionalities:

  1. Establish VPN, VPN site to Site.
  2. Traffic Shaping.
  3. Filtering (IP, web).
  4. Antivirus ClamAV.
  5. Captive Portal.
  6. Graphic Monitoring.
  7. There is no dependence on Hardware.

All these features are integrated in the following versions:

Version 1

With this version the client establishes a virtual connection via VPN over the Internet, from its offices to the central server where the security software is installed, allowing all network traffic to be filtered and returned with optimal security values and blocking against attacks. This version offers default security settings that apply to all connections on this server. In this version the Rules are predefined.

Version 2

Through this version the software of the solution is installed in the servers and Data centers of telecommunications operators, so that all the services provided from the supplier’s network arrive with the security configuration provided by the software. This version offers scalability and independence of each of the clients connected to the solution, allowing them to request particular security configurations for each of the connected networks. In this version the Rules will be Customized.

The solution consists of 2 types of connections:

Cloud Connection

The connection is made to our servers hosted in the most popular clouds in the market:

  1. Amazon Web Services and Microsoft Azure. It allows access to services anywhere in the world.
  2. Independent of the contracted Internet service provider.
  3. Without the use of equipment.

Data Center connection

  1. The connection is made directly from a Data center.
  2. Filter content from its origin.
  3. Transports filtered traffic to the location without hardware

Standard Version

  1. Consider a default security configuration.
  2. It offers protection from the most common attacks that threaten users and corporate networks.
  3. Includes periodic reports and graphs with the performance of the pre-configured Firewall.

Enterprise version

  1. Self-management of the security profile by means of a configuration panel.
  2. Online interaction with our technical support team through the portal.
  3. Performance graphs with details of your firewall’s behavior.

SEVENTH: EXCLUSIONS OF THE VIRTUAL FIREWALL SOLUTION:

  1. It does not contemplate the development of Access Interface to the Captive portal (a standard is provided with the service).
  2. Creation or administration of Client Database is not contemplated*.
  3. It does not contemplate Internal Network adaptations*.

* In case of requiring any of the services described in these exclusions, it must be requested in a particular way.

EIGHTH: ACCESS TO SERVICE: CIBERSYS, reserves the right to suspend access to the Service at any time if it considers that THE CLIENT, is violating the service security conditions or may potentially do so or when CIBERSYS detects that the service presents vulnerabilities that are attributable to THE CLIENT and that may place at risk the infrastructure of CIBERSYS.

NINTH: CHANGE OF SERVICE MODALITY: In the event that THE CLIENT, wishes to change the service mode, it must request this change to CIBERSYS, through the Support Center.

TENTH: TECHNICAL ASSISTANCE AND TECHNICAL SUPPORT OF CIBERSYS: CIBERSYS offers, without additional cost to THE CLIENT, a free advice of four (4) hours in total, for a month, counted from the date of signing the contract. If you require an hours extension, you must cancel according to the plans provided by CIBERSYS. Likewise, CIBERSYS offers technical support to resolve doubts or faults that the contracted Service presents, by phone or by email (soporte@cibersys.com) 24 hours a day, 365 days a year.

ELEVENTH: SERVICE RATES AND PAYMENT CONDITIONS: THE CLIENT, must pay CIBERSYS for the Service provision the monthly rent that corresponds to the Service modality contracted and according to current rates indicated on the website www.cibersys.com, on the understanding that the acceptance by THE CLIENT to the terms and conditions stipulated herein, implies the acceptance of said charges. The service’s monthly rent is independent of any other charge for other services provided to THE CLIENT. The billing of the Service charges will be made under the modality specified by CIBERSYS. THE CLIENT, may request the billing information change of the Service, provided that it provides a new payment form that complies with the requirements established by CIBERSYS. Any change in the billing information will be reflected until the next billing Service period. In the event that THE CLIENT falls behind in the Service payments, it is obliged to cancel the default interest, according to the current rate emanated from the Central Bank of the country where the sale was made. The default interest will be computed from the date on which the default occurs in the payment and for all the time in which the default continues and, if it is applicable, before and after mentioned payment has been sued and judged until it is paid. During the term of these terms and conditions, each of the parties will be responsible for paying the taxes or any contribution that, according to the legal provisions and regulations in force, corresponds to them. THE PARTIES, recognize and accept that in the event that the competent authorities in the tax or fiscal area, modify the base and tax rates and contributions that are caused according to these terms and conditions, and even that mentioned authorities determine the application of new tax levies, the amount that THE CLIENT, must pay will be adjusted from its entry into force, which will be reflected in the tax receipts issued for that purpose.

TWELFTH. ADJUSTMENTS AND CLARIFICATIONS: At the request of THE CLIENT, clarifications and adjustments of the charges related to the Service may be made, in the following cases: (i) when THE CLIENT, receives charges and the Service has not been provided for causes not attributable to THE CLIENT, (ii) for Service interruption, when this has been greater than three (3) business days. In the event that THE CLIENT, is located in any of the aforementioned cases, the proportional part of the monthly rent will be discounted in the next period to be invoiced, calculated based on the number of days that the Service has not been provided. THE CLIENT, accepts that there will be no charge adjustment with a time that is greater than six months.

THIRTEENTH. SUSPENSION: THE CLIENT, acknowledges and accepts thatCIBERSYSmay suspend the Service provision, without any liability or the need of a judicial declaration, when THE CLIENT does not pay in time, CIBERSYS, will restore the Service when THE CLIENT, certifies having settled any debt, in the understood that if after thirty calendar days of having suspended the Service, CIBERSYS does not receive the corresponding payment, CIBERSYS may withdraw the Service without any responsibility or the need of a judicial declaration.

FOURTEENTH. RESTRICTION ON THE SERVICE USE: THE CLIENTundertakes to: (i) does not make or allow any act against the CYBERSYS’ interests and / or any of its clients, which may directly or indirectly affect the activities or business image of CIBERSYS and / or of any of its clients. (ii) Comply at all times with the legal provisions that regulate the provision and use of the Service. (iii) Refrain from marketing the Service by its own name. (iv) Refrain from modifying, copying, reselling or publishing the Service without authorization. (v) Comply at all times with the legal provisions that regulate the provision and use of the Service. (vi) Comply at all times with the legal provisions that regulate the provision and use of the Service. (vii) Refrain from marketing the Service. (viii) Refrain from modifying, copying, reselling or publishing the Service without authorization. (ix) Limit, restrict, prevent, prohibit and prevent any third party from misusing the Service without authorization, being obliged to cover any charge, including damages caused to CIBERSYS and / or third parties arising from its breach. Failure to comply with the provisions of this section empowers CIBERSYS, without any responsibility to disconnect the Service immediately or the need for a judicial declaration, as well as to demand the damage payment and losses caused, in addition to carrying out the actions that according to the present corresponds.

FIFTEENTH: VALIDITY: The validity of the present terms and conditions will be for an undetermined time period and will come into force as of the date on which THE CLIENT, contracted the Service. Notwithstanding, the foregoing, the Service contracted by THE CLIENT will have the minimum validity for which purpose it was contracted.

SIXTEENTH: CONFIDENTIALITY OF INFORMATION: THE CLIENT, will keep strict confidentiality with respect to the documentation and printed, verbal, audiovisual or any other information that CIBERSYS may provide for compliance with these terms and conditions.

SEVENTEENTH: ASSIGNMENT OF RIGHTS AND SUBCONTRACTING: Unless previously authorized in writing by CIBERSYS, the rights and obligations derived from this instrument can not be assigned, encumbered or transmitted in any way by THE CLIENT.

EIGHTEENTH: FORTUITOUS EVENT OR FORCE MAJEURE In the event of a fortuitous event or force majeure that partially or totally prevents the Service provision, any of the parties may terminate the provision thereof, without liability, by written notice within five (5) working days, following that this circumstance has occurred, THE CLIENT , is obliged to make the payments that are pending settlement related to the Service that would have been provided to THE CLIENT until the date on which the event occurred. In the event that a fortuitous event or force majeure occurs and THE CLIENT has made the benefits payment s in advance with respect to the Service, CIBERSYS will proceed to pay the unearned amounts.

NINETEENTH: : NOTIFICATIONS: All notifications or notices that the parties must give according to this document, will be made by mutual agreement between the parties and must be defined at the time of signing. In the event that THE CLIENT, changes its address, THE PARTIES are obliged to give the corresponding notice to the other party, fifteen (15) business days in advance of that address change occurs. In as much, THE PARTIES are not notified in writing the domicile change, all the diligences, warnings, emplacements and judicial or extrajudicial notifications, will be understood validly practiced in the addresses indicated in this document.

TWENTIETH: CONTRACTUAL RECOGNITION: The present terms and conditions constitute the full, total and only manifestation of the parties’ will, so that any agreement, writing, notification or offer, made previously to these terms and conditions, be in written or verbal form, and that directly or indirectly related to the purpose of this instrument, are without effect, so neither party reserves any action or right to exercise, derived from any of these acts prior to the acceptance of this document.

TWENTY FIRST: OF THE MODIFICATIONS: These terms and conditions may be modified by CIBERSYS, without prior notice, in which case the modified version will be made available to THE CLIENT, through the website www.cibersys.com, so it will be responsibility ofTHE CLIENT to periodically consult the current terms and conditions and in case of not agreeing with its content and scope, THE CLIENTmay request the Service cancellation, as long as it does not owe the corresponding service payment, prior notification sent to the email soporte@cibersys.com and administracion@cibersys.com, who in a peremptory lapse of three (3) Business days will respond, after verification of the balance and not having debts in arrears will be cut the requested service.

TWENTY SECOND: PROTECTION OF DATA: During the provision of the Services, CIBERSYS will comply with the Data Protection Law, which is available on the web site: www.cibersys.com and is incorporated herein by reference. The Data Protection Law is subject to modifications at the discretion of CIBERSYS, however, modifications ofCIBERSYS to mentioned instrument will not result in a significant reduction in the protection level provided to your personal data provided as part of its content during the service period established in your Purchase Order.

OTHER PROVISIONS: (I) CIBERSYS, is an independent contractor and the parties accept that there is no association, joint venture or agency relationship or representation between them. THE CLIENT andCIBERSYS, will be responsible for payments to their respective employees, including insurance and payroll taxes that apply. THE CLIENT , will defend and indemnify CIBERSYS against any liability arising from the laws, ordinances or regulations applicable in relation to the termination or variation of the employment conditions that THE CLIENT arranges with respect to any of its employees in relation to the Services in accordance with the present Contract. THE CLIENT, understands that the business partners or third parties, that THE CLIENT, contracts for the service provision, , are independent of CIBERSYS and are not representatives of it. CIBERSYS is not responsible, obligated, or responsible for any problem with the services resulting from the acts of said commercial partners or third parties hired by THE CLIENT. (II) In case any clause of this contract is considered null or unenforceable, the remaining provisions thereof will remain in force and said clause will be replaced by another one that is consistent with the purpose of this contract. (III) Except for actions for non-payment or violation of the CIBERSYS ownership rights, ,neither party may file an action, regardless of its form, arising under or as a result of this contract, once elapsed two (2) years since said action originates. (IV) None of the Services designed and developed by CIBERSYS, are intended to be used in nuclear power plants or other applications or risky software. (V) CIBERSYS, will be able to audit THE CLIENT use of the agreed Service, in order to evaluate the correct use thereof, according to what is established in this contract. These audits will not unreasonably interfere with your commercial activities, they will be at the expense of CIBERSYS. In the event that the result of them, evidences the inappropriate use of the agreed service, CIBERSYS, may terminate the Service, without THE CLIENT requesting any compensation to jurisdictional entities. (VI) The acquisition of different services, products and solutions in the cloud and mobile and web applications owned by CIBERSYS, constitute different and independent offers of any other order. THE CLIENT understands that it can acquire several of these independently from any other offer. Its pay obligation under an order is not subject to the performance of any other service offer. (VII) It is expressly understood that this Contract does not create links with third-party beneficiaries, hired by THE CLIENT.

This instrument is property of CIBERSYS and its disclosure is prohibited, without prior authorization from it. In case of doubts about the scope and interpretation of it, please, send an email to: legal@cibersys.com.

Los términos y condiciones que a continuación se establecen, constituyen el acuerdo bajo el cual Cibersys (en lo sucesivo CIBERSYS), otorgará al CLIENTE el uso de la solución Análisis de Vulnerabilidades (en lo sucesivo Servicio). La utilización del Servicio, por parte del CLIENTE, implica su adhesión a los presentes términos y condiciones y se sujeta a ellos y a las modificaciones que pudieran sufrir. En caso de actuar en conjunto, se denominarán en lo sucesivo LAS PARTES. Si el CLIENTE en cualquier momento no estuviera de acuerdo total o parcialmente con los términos y condiciones del presente documento, deberá abstenerse inmediatamente de usar el Servicio. Los términos y condiciones del servicio, se regirán por las presentes cláusulas: PRIMERA: OBJETO: El presente documento tiene por objeto establecer los términos y condiciones bajo los cuales CIBERSYS otorgará al CLIENTE, el uso del Servicio, cuya descripción, alcance, características y ventajas se establecerán en este contrato. SEGUNDA: DESCRIPCIÓN DEL SERVICIO: Es una técnica que combina un conjunto de herramientas que permiten identificar y evaluar los puntos débiles a los que se exponen los recursos y activos de información de organizaciones. El objetivo principal de esta solución es detectar posibles riesgos que afecten el desempeño de redes y sistemas, con el fin de mitigarlos preventivamente. TERCERA: ALCANCE Y CARACTERÍSTICAS DEL SERVICIO: El análisis del Servicio pactado, se orienta a identificar puertos abiertos, servicios disponibles y amenazas conocidas en los sistemas de información.La solución abarca servicio de análisis de vulnerabilidades en los siguientes entornos: Redes Sistemas Operativos Base de Datos Aplicaciones Web Las características del Servicio, son las enumeradas a continuación: Evalúa la seguridad de los activos de información de organizaciones. Identifica puertos abiertos, servicios y vulnerabilidades existentes. Cobertura completa contra vulnerabilidades tipo: virtualización en nube, malware y botnets, auditoría y configuración, aplicaciones web. Escalabilidad a cientos de miles de sistemas. Evaluar y monitorear el estado de tu red. Localiza debilidades y vulnerabilidades antes de que un atacante ingrese a tu red. Detecta vulnerabilidades debido a cambios en configuraciones. Permite Diseño de la seguridad perimetral. Ayuda a identificar debilidades en el diseño de protocolos utilizados en las redes. Permite identificar si las Políticas de seguridad son deficientes o inexistentes. Ayuda a mitigar Errores de Implementación. Ayuda a prevenir Errores de programación. Permite identificar existencia de “puertas traseras” en los sistemas informáticos. CUARTA: VENTAJAS DE USO DEL SERVICIO: El Servicio aquí indicado, es una solución preventiva y correctiva para garantizar la protección total de los recursos corporativos: redes, sistemas operativos, bases de datos y aplicaciones web. Las principales ventajas de uso, serían: Mejora la seguridad de un sistema. Reduce considerablemente los fallos de seguridad en sistemas informáticos. Se adapta a cualquier arquitectura de red independientemente del número de elementos que la integran. Ayuda a las organizaciones a afinar su programa de gestión de seguridad y aplicación de actualizaciones en sistemas, con el fin de reducir las oportunidades de acceso no autorizado. Permite a las organizaciones conocer las remediaciones para reducir las vulnerabilidades de los sistemas en aras de proteger la integridad de los activos de información de la organización. A través del análisis, se obtiene un inventario exacto de los activos de la infraestructura de TI. Ofrece un punto inicial para evaluar las posiciones actuales de la organización en materia de seguridad y provee iniciativas para fortalecer el entorno corporativo. El análisis de Vulnerabilidades es un requisito para el cumplimiento de leyes y regulaciones (PCI-DSS, ISO 27001, LFPDPPP). QUINTA: CAMBIO DE MODALIDAD DE SERVICIO: En caso que EL CLIENTE, desee cambiar la modalidad del Servicio, deberá solicitar dicho cambio a CIBERSYS, a través del Centro de Soporte. SEXTA: ASISTENCIA TÉCNICA Y SOPORTE TÉCNICO CIBERSYS: CIBERSYS ofrece, sin costo adicional para EL CLIENTE, una asesoría gratuita de cuatro (4) horas en total, durante un mes, contadas a partir de la fecha de suscripción del contrato. En caso de requerir una extensión de las horas, se deberán cancelar de acuerdo a los planes que le facilitara CIBERSYS. Así mismo, CIBERSYS ofrece un soporte técnico para resolver dudas o fallas que presente el Servicio contratado, vía telefónica o por correo electrónico (soporte@cibersys.com) las 24 horas del día los 365 días del año. SÉPTIMA: TARIFAS DEL SERVICIO Y CONDICIONES DE PAGO: EL CLIENTE, deberá pagar a CIBERSYS por la prestación del Servicio la renta mensual que corresponda a la modalidad del Servicio contratado y de acuerdo a tarifas vigentes señaladas en la página web www.cibersys.com, en el entendido que la aceptación por parte del CLIENTE a los términos y condiciones aquí estipulados, implica la aceptación de dichos cargos. La renta mensual del Servicio, es independiente de cualquier otro cargo por otros servicios que se le presten al CLIENTE. La facturación a los cargos del Servicio, se realizarán bajo la modalidad que especifique CIBERSYS. EL CLIENTE, podrá solicitar el cambio de los datos de facturación del Servicio, siempre y cuando proporcione una nueva forma de pago que cumpla con los requisitos establecidos por CIBERSYS. Cualquier cambio en los datos de facturación, se verá reflejado hasta el siguiente periodo de facturación del Servicio. En caso que EL CLIENTE se atrase en los pagos del Servicio, se obliga a cancelar los intereses de mora, de acuerdo a la tasa vigente emanadas del Banco Central del país donde se concretó la venta. Los intereses moratorios, se computarán a partir de la fecha en que ocurra el incumplimiento en el pago y por todo el tiempo en que continúe dicho incumplimiento y en su caso, antes y después que dicho pago se ha demandado y juzgado hasta que este sea pagado. Durante la vigencia de los presentes términos y condiciones, cada una de las partes será responsable de pagar los impuestos o toda contribución que, conforme a las disposiciones legales y reglamentarias vigentes, le correspondan. LAS PARTES, reconocen y aceptan que en caso que las autoridades competentes en el área tributaria o fiscal, modifiquen las bases y tasas de los impuestos y contribuciones que se causen conforme a los presentes términos y condiciones, e incluso que dichas autoridades determinen la aplicación de nuevos gravámenes fiscales, el importe que EL CLIENTE, deba pagar será ajustado a partir de su entrada en vigor, lo cual, quedará reflejado en los comprobantes fiscales que al efecto se expidan. OCTAVA: AJUSTES Y ACLARACIONES: A petición del CLIENTE, se podrán realizar aclaraciones y ajustes de los cargos relacionados con el Servicio, en los siguientes casos:(i) cuando EL CLIENTE, reciba cargos y el Servicio no se haya suministrado por causas no atribuibles al CLIENTE, (ii) por interrupción del Servicio, cuando este haya sido mayor a tres (3) días hábiles. En caso que EL CLIENTE, se ubique en cualquiera de los supuestos antes señalados, se bonificará en el siguiente periodo a facturar, la parte proporcional de la renta mensual, calculada en base al número de días que no se haya prestado el Servicio. EL CLIENTE, acepta que no procederán ajustes de cargos con una antigüedad mayor a seis meses. NOVENA: SUSPENSIÓN: EL CLIENTE, reconoce y acepta que CIBERSYS podrá suspender la prestación del Servicio, sin ninguna responsabilidad y sin necesidad de declaración judicial, cuando EL CLIENTE no pague en el tiempo y CIBERSYS, restablecerá el Servicio cuando EL CLIENTE, acredite haber liquidado cualquier adeudo, en el entendido que si después de treinta días naturales de haber realizado la suspensión del Servicio, CIBERSYS no recibe el pago correspondiente, CIBERSYS podrá dar de baja al Servicio sin ninguna responsabilidad y sin necesidad de declaración judicial. DÉCIMA: RESTRICCIÓN EN EL USO DEL SERVICIO: EL CLIENTE, se obliga a: (i) No efectuar o permitir cualquier acto en contra de los intereses de CIBERSYS y/o de cualquiera de sus clientes, que directa o indirectamente puedan repercutir en las actividades o imagen de negocios de CIBERSYS y/o de cualquiera de sus clientes. (ii) Cumplir en todo momento con las disposiciones jurídicas que regulan la prestación y uso del Servicio. (iii) Abstenerse de comercializar por su propio nombre el Servicio. (iv) Abstenerse de modificar, copiar, revender o publicar sin autorización el Servicio. (v) Cumplir en todo momento con las disposiciones jurídicas que regulan la prestación y uso del Servicio. (vi) Cumplir en todo momento con las disposiciones jurídicas que regulan la prestación y uso del Servicio. (vii) Abstenerse de comercializar el Servicio. (viii) Abstenerse de modificar, copiar, revender o publicar sin autorización el Servicio. (ix) Limitar, restringir, evitar, prohibir e impedir que cualquier tercero haga mal uso no autorizado del Servicio, obligándose a cubrir cualquier cargo, e inclusive los daños y perjuicios que se causen a CIBERSYS y/o a terceros derivados de su incumplimiento. La inobservancia a lo establecido en esta sección, faculta a CIBERSYS, sin responsabilidad alguna a desconectar el Servicio en forma inmediata y sin necesidad de declaración judicial, así como exigir el pago de los daños y perjuicios ocasionados, además de ejercitar las acciones que conforme al presente le corresponda. DÉCIMA PRIMERA: VIGENCIA: La vigeDÉCIMA QUINTA. NOTIFICACIONES:ncia de los presentes términos y condiciones será por tiempo indeterminado y entrará en vigor a partir de la fecha en que EL CLIENTE, contrate el Servicio. No obstante, lo anterior, el Servicio contratado por EL CLIENTE tendrá la vigencia mínima que para tal efecto se contrató. DÉCIMA SEGUNDA: CONFIDENCIALIDAD DE LA INFORMACIÓN: EL CLIENTE, guardará estricta confidencialidad con respecto a la documentación e información impresa, verbal, audiovisual o de cualquier otra índole, que CIBERSYS le proporcione para el cumplimiento de los presentes términos y condiciones. DÉCIMA TERCERA: CESIÓN DE DERECHOS Y SUBCONTRATACIÓN: Salvo autorización previa y por escrito de CIBERSYS, los derechos y obligaciones derivadas del presente instrumento en ningún caso podrán ser cedidos, gravados o transmitidos en forma alguna por EL CLIENTE. DÉCIMA CUARTA: CASO FORTUITO O FUERZA MAYOR: Ante el evento de un caso fortuito o de fuerza mayor que impida parcial o totalmente la prestación del Servicio, cualquiera de las partes podrá dar por terminado la prestación del mismo, sin responsabilidad alguna, mediante aviso por escrito de los cinco (5) días hábiles siguientes a que esta circunstancia haya ocurrido, quedando obligado EL CLIENTE a realizar los pagos que se encuentren pendientes de liquidación relacionados con el Servicio que se le hubiera prestado al CLIENTE hasta la fecha en que ocurrió el evento. En caso que se presente un caso fortuito o de fuerza mayor y EL CLIENTE haya realizado el pago de las contraprestaciones de manera anticipada respecto del Servicio, CIBERSYS procederá a la bonificación de las cantidades no devengadas. DÉCIMA QUINTA: NOTIFICACIONES: Todas las notificaciones o avisos que las partes deban darse conforme a este documento, se efectuarán de común acuerdo entre las partes y deberán definirse al momento de la firma. En caso que EL CLIENTE, cambie de domicilio, LAS PARTES se obligan a dar el aviso correspondiente a la otra parte con quince (15) días hábiles de anticipación a que dicho cambio de domicilio ocurra. En tanto, LAS PARTES no se notifiquen por escrito el cambio de sus domicilios, todas las diligencias, avisos, emplazamientos y notificaciones judiciales o extrajudiciales, se entenderán válidamente practicados en los domicilios indicados en este documento. DÉCIMA SEXTA: RECONOCIMIENTO CONTRACTUAL: Los presentes términos y condiciones constituyen la plena, total y única manifestación de la voluntad de las partes, por lo que cualquier acuerdo, escrito, notificación u oferta, realizada previamente a estos términos y condiciones, sea de manera escrita o verbal, y que se relacione directa o indirectamente con el objeto del presente instrumento, queda sin efecto alguno, por lo que ninguna de las partes se reserva acción o derecho alguno que ejercer, derivado de cualquiera de dichos actos previos a la aceptación del presente documento. DÉCIMA SÉPTIMA: DE LAS MODIFICACIONES: Los presentes términos y condiciones podrán ser modificados por CIBERSYS, sin previo aviso, en cuyo caso la versión modificada se pondrá a disposición del CLIENTE, a través de la página web www.cibersys.com, por lo que será responsabilidad del CLIENTE consultar de manera periódica los términos y condiciones vigentes y en caso de no estar de acuerdo con su contenido y alcances, EL CLIENTE podrá solicitar la baja del Servicio, siempre y cuando no adeude a la fecha el pago correspondiente del servicio, previo notificación enviada al correo soporte@cibersys.com y administracion@cibersys.com, quienes en un lapso perentorio de tres (3) días hábiles darán respuesta, previa verificación del saldo y de no tener deudas atrasadas se efectuará el corte del Servicio solicitado. DÉCIMA OCTAVA: PROTECCIÓN DE DATOS: Durante la prestación de los Servicios, CIBERSYS cumplirá con la Ley de Protección de Datos, que se encuentra disponible en xxxxxx y se incorpora al presente por referencia. La Ley de Protección de Datos, está sujeta a modificaciones a discreción de CIBERSYS, sin embargo, las modificaciones de CIBERSYS a dicho instrumento, no tendrán como consecuencia una reducción significativa del nivel de protección brindado a sus datos personales proporcionados como parte de su contenido durante el periodo de Servicios establecidos en su Orden de Compra. OTRAS DISPOSICIONES: (I) CIBERSYS, es un contratista independiente y las partes aceptan que no existe asociación, empresa conjunta (joint venture) ni relación de agencia o representación alguna entre ellas. EL CLIENTE y CIBERSYS, serán responsables de los pagos a sus respectivos empleados, incluidos los seguros e impuestos sobre la nómina que correspondan. EL CLIENTE, defenderá e indemnizará a CIBERSYS frente a toda responsabilidad emergente de las leyes, ordenanzas o reglamentaciones aplicables con relación a la terminación o variación de las condiciones de empleo que EL CLIENTE disponga respecto de cualquiera de sus empleados en relación con los Servicios conforme al presente Contrato. EL CLIENTE, entiende que los socios de negocios o terceros, que EL CLIENTE, contrate para la prestación del Servicio, solicitado CIBERSYS, son independientes de CIBERSYS y no son representantes de ésta. CIBERSYS no es responsable, obligada, o responsable por cualquier problema con los servicios resultantes por los actos de dichos socios comerciales o terceros contratados por EL CLIENTE. (II) En caso que cualquier cláusula de este contrato, fuese considerada nula o inexigible, las restantes disposiciones del mismo permanecerán en vigencia y dicha cláusula será reemplazada por otra que resulte acorde al propósito y finalidad del presente contrato. (III) A excepción de las acciones por falta de pago o violación de los derechos de propiedad de CIBERSYS, ninguna de las partes podrá interponer una acción, independientemente de su forma, que surja en virtud o como consecuencia del presente contrato, una vez transcurridos dos (2) años desde que dicha acción se origine. (IV) Ninguno de los Servicios diseñadas y desarrollados por CIBERSYS, no están destinados para ser utilizados en plantas nucleares u otras aplicaciones o software riesgosos. (V) CIBERSYS, podrá auditar el uso que EL CLIENTE haga del Servicio pactado, a fin de evaluar el correcto uso del mismo, acorde a lo establecido en este contrato. Dichas auditorías no interferirán en forma injustificada con sus actividades comerciales, las mismas serán a expensas de CIBERSYS. En caso que el resultado de ellas, se evidencie el uso inadecuado del Servicio pactado, CIBERSYS, podrá dar por terminado el Servicio, sin que EL CLIENTEsolicite indemnización alguna ante los entes jurisdiccionales. (VI) La adquisición de los distintos servicios productos y soluciones en la nube y aplicaciones móviles y web propiedad de CIBERSYS, constituyen ofertas distintas e independientes de cualquier otra orden. EL CLIENTE entiende que puede adquirir varios de estos en forma independiente de cualquier otra oferta. Su obligación de pago en virtud de una orden, no se encuentra supeditada al rendimiento de cualquier otra oferta de servicios. (VII) Queda expresamente que el presente Contrato no crea vínculos con terceros beneficiarios, contratados por EL CLIENTE. Este instrumento es propiedad de CIBERSYS y se prohíbe su divulgación, sin previa autorización de la misma. En caso de dudas sobre el alcance e interpretación del mismo, favor enviar un correo a: legal@cibersys.com.

The terms and conditions set forth below constitute the agreement under which Cibersys (hereinafter CIBERSYS), will grant THE CLIENT use of the Solutions: WAF, DDOS AND TRAFFIC ACCELERATION (hereinafter referred to as Service). The Service use by THE CLIENT, implies its adherence to these terms and conditions and is subject to them and the modifications that may be suffered. In case of acting together, they will be referred to as THE PARTIES.

If THE CLIENT, at any time, does not agree with the terms and conditions of this document, It must abstain immediately from using the Service. The terms and conditions of the service will be governed by the following clauses:

FIRST: OBJECT: The purpose of this document is to establish the terms and conditions under which CIBERSYS will grant THE CLIENT , the service use , whose description, scope, advantages and characteristics will be established in this contract.

SECOND: SERVICE DESCRIPTION: WAF, DDOS AND TRAFFIC ACCELERATION: In view of the fact that the Service includes the following solutions: WAF, DDOS and Traffic Acceleration, these will be described below: The Web Application Firewall (WAF) solution is a system that analyzes, filters and blocks the HTTP protocol traffic that web services manage. Its main function is to analyze the traffic that is captured, not only by IP addresses and ports, which is what a network firewall does; but also by the content of the requests and responses transmitted. Thus, the system tries to detect different patterns of attacks on web services (SQL Injections, Cross-Site Scripting (XSS), Cross-Site Request Forgery (CSRF), etc.). The Distributed Denial of Service (DDoS) solution is an attack security service that protects applications running on AWS. It provides automatic online mitigation and always actives detection that minimize downtime and application latency. Additionally, it can be applied to applications that are not in AWS through the Cloud Front service. The Acceleration of Traffic solution is a solution that allows the delivery of content efficiently, this is possible through the global or regional distribution of content on a robust platform and in the cloud.

THIRD: SERVICE SCOPE: Considering that the Service includes the following solutions: WAF, DDOS and Traffic Acceleration, they will be described below: WAF solution Scope. It is proposed in this solution to publish Web services in cloud with the AWS provider (Amazon Web Services) where using the existing resources, for example, EC2, Load Balancer or Cloud Front instances, WAF will be enabled for each of these web services. In the event that customers do not have their Web services published in AWS, the content can be distributed through the CloudFront service, where the origin servers are registered and routed to the most appropriate edge location to deliver the content with the maximum level of performance.

DDoS Solution Scope

  • The Mitigation service covers the following types of attacks:
  • Syn Flood
  • Zombi Flood
  • ICMP Flood
  • Non-service Port Flood
  • Service Port Flood
  • Fragment Flood
  • HTTP GET Flood
  • Blended Flood
  • Anomalous Packet Flood
  • Flooding of a Foreign Region
  • Reflections attacks of the user datagram protocol (UDP)
  • SYN flood
  • DNS query flood
  • HTTP flood attacks or cache break (layer 7)

FOURTH: SERVICE ADVANTAGES: In the case of the WAF solution, the advantages are listed below:

  • Greater protection against web attacks: protects web applications from attacks by filtering traffic according to the rules you create. For example, you can filter web requests based on IP addresses, HTTP headers, HTTP bodies, or URI strings, allowing you to block common attack patterns, such as SQL injection or cross-site scripting.
  • Security integrated with the way you develop applications: All AWS and WAF features can be configured using AWS, WAF, API, or AWS Management Console. This allows you to define application-specific rules that increase web security as you develop your application.
  • Ease of implementation and maintenance: AWS WAF is easy to implement and protect the applications deployed in Amazon CloudFront as part of its CDN or Application Load Balancer solution that leads all their home servers. There is no additional software to implement, except to enable AWS WAF on the correct resource.
  • Improved web traffic visibility: You can configure AWS WAF to simply monitor requests that match your filter criteria. AWS WAF offers almost real-time visibility of web traffic, which you can use to create new rules or alerts in Amazon CloudWatch.
  • Web applications protection according to use, you pay only for what you use. This refers to the services that must be considered in order to implement the solution, for example:

ACL lists, Rules, number of requests, etc. For the DDoS solution, the advantages are:

  • Protection against volumetric attacks.
  • Mitigation of zero-day DDoS attacks.
  • It guarantees the applications and websites performance during attacks through the distribution of content in AWS.
  • Minimize costs associated with web security.
  • Use of challenges to avoid access to traffic generated by botnet.
  • Immediate response to known attacks without blocking legitimate user traffic during the attack.

FIFTH: SERVICE CHARACTERISTICS: The Traffic Acceleration solution has the following characteristics:

  • Highly scalable and flexible cloud platform
  • It does not require capital investment in infrastructure
  • Includes high-speed content transfer anywhere in the world – RESTRICTION ON THE SERVICE USE: THE CLIENT
  • Increases the availability, security and performance of web applications
  • Includes traffic distribution anywhere to bring the content to users.

SIXTH: SERVICE ACCESS: CIBERSYS, reserves the right to suspend access to the Service at any time if it considers that THE CLIENT, is violating the service security conditions or may potentially do so or when CIBERSYS detects that the service presents vulnerabilities that are attributable to THE CLIENT and that may place at risk the infrastructure of CIBERSYS.

SEVENTH: CHANGE OF SERVICE MODALITY:In the event that THE CLIENT, wishes to change the Service modality, it must request this change to CIBERSYS, through the Support Center.

EIGHTH: TECHNICAL ASSISTANCE AND TECHNICAL SUPPORT OF CIBERSYS: CIBERSYS offers, at no additional cost to THE CLIENT, a free advice of four (4) hours in total, for a month, counted from the signing contract date. If you require an hours extension, you must cancel according to the plans provided by CIBERSYS. Likewise, CIBERSYS offers technical support to resolve doubts or faults that the contracted Service presents, by phone or by email (soporte@cibersys.com) 24 hours a day, 365 days a year.

NINTH: SERVICE RATES AND PAYMENT CONDITIONS: THE CLIENT, must pay CIBERSYS for the Service provision the monthly rent that corresponds to the Service modality contracted and according to current rates indicated on the website www.cibersys.com, on the understanding that the acceptance by THE CLIENT to the terms and conditions stipulated herein, implies the acceptance of said charges. The monthly rent of the Service is independent of any other charge for other services provided to THE CLIENT. The billing of the Service charges will be made under the modality specified by CIBERSYS. THE CLIENT, may request the billing information change of the Service, provided that it provides a new payment form that complies with the requirements established by CIBERSYS. Any change in the billing information will be reflected until the next billing Service period. In the event that THE CLIENTfalls behind in the Service payments, it is obliged to cancel the default interest, according to the current rate emanated from the Central Bank of the country where the sale was made. The default interest will be computed from the date on which the default occurs in the payment and for all the time in which the default continues and, if it is applicable, before and after mentioned payment has been sued and judged until it is paid. During the term of these terms and conditions, each of the parties will be responsible for paying the taxes or any contribution that, according to the legal provisions and regulations in force, corresponds to them. THE PARTIES, recognize and accept that in the event that the competent authorities in the tax or fiscal area, modify the base and tax rates and contributions that are caused according to these terms and conditions, and even that mentioned authorities determine the application of new tax levies, the amount that THE CLIENT, must pay will be adjusted from its entry into force, which will be reflected in the tax receipts issued for that purpose.

TENTH: ADJUSTMENTS AND CLARIFICATIONS: At the request of THE CLIENT, clarifications and adjustments of the charges related to the Service may be made, in the following cases: (i) when THE CLIENT, receives charges and the Service has not been provided for causes not attributable to THE CLIENT, (ii) for Service interruption, when this has been greater than three (3) business days. In the event that THE CLIENT, is located in any of the aforementioned cases, the proportional part of the monthly rent will be discounted in the next period to be invoiced, calculated based on the number of days that the Service has not been provided. THE CLIENT, accepts that there will be no charge adjustment with a time that is greater than six months.

ELEVENTH: SUSPENSION: THE CLIENT, acknowledges and accepts CIBERSYSmay suspend the Service provision, without any liability or the need of a judicial declaration, when THE CLIENT does not pay in time, CIBERSYS, will restore the Service when THE CLIENT, certifies having settled any debt, in the understood that if after thirty calendar days of having suspended the Service, CIBERSYS does not receive the corresponding payment, CIBERSYS may withdraw the Service without any responsibility or the need of a judicial declaration.

TWELFTH: RESTRICTION ON THE SERVICE USE: THE CLIENT, undertakes to:

  1. does not make or allow any act against the interests of CIBERSYS and / or any of its clients, which may directly or indirectly affect the activities or business image of CIBERSYS and / or of any of its clients.
  2. Comply at all times with the legal provisions that regulate the provision and use of the Service.
  3. Refrain from marketing the Service by its own name.
  4. Refrain from modifying, copying, reselling or publishing the Service without authorization.
  5. Comply at all times with the legal provisions that regulate the provision and use of the Service.
  6. Comply at all times with the legal provisions that regulate the provision and use of the Service.
  7. Refrain from marketing the Service.
  8. Refrain from modifying, copying, reselling or publishing the Service without authorization.
  9. Limit, restrict, prevent, prohibit and prevent any third party from misusing the Service without authorization, being obliged to cover any charge, including damages caused to CIBERSYS and / or third parties arising from its breach. Failure to comply with the provisions of this section empowers CIBERSYS, without any responsibility to disconnect the Service immediately or the need for a judicial declaration, as well as to demand the damage payment and losses caused, in addition to carrying out the actions that according to the present corresponds.

THIRTEENTH: VALIDITY: The validity of the present terms and conditions will be for an undetermined time period and will come into force as of the date on which THE CLIENT, contracted the Service. Notwithstanding, the foregoing, the Service contracted by THE CLIENT will have the minimum validity for which purpose it was contracted.

FOURTEENTH: CONFIDENTIALITY OF INFORMATION: THE CLIENT, will keep strict confidentiality with respect to the documentation and printed, verbal, audiovisual or any other information that CIBERSYS may provide for compliance with these terms and conditions.

FIFTEENTH: ASSIGNMENT OF RIGHTS AND SUBCONTRACTING:Unless previously authorized in writing by CIBERSYS, the rights and obligations derived from this instrument can not be assigned, encumbered or transmitted in any way by THE CLIENT.

SIXTEENTH: FORTUITOUS EVENT OR FORCE MAJEURE In the event of a fortuitous event or force majeure that partially or totally prevents the Service provision, any of the parties may terminate the provision thereof, without liability, by written notice within five (5) working days, following that this circumstance has occurred, THE CLIENT , is obliged to make the payments that are pending settlement related to the Service that would have been provided to THE CLIENT until the date on which the event occurred. In the event that a fortuitous event or force majeure occurs and THE CLIENT has made the benefits payment s in advance with respect to the Service, CIBERSYS will proceed to pay the unearned amounts.

SEVENTEENTH: NOTIFICATIONS: All notifications or notices that the parties must give according to this document, will be made by mutual agreement between the parties and must be defined at the time of signing. In the event that THE CLIENT, changes its address, THE PARTIES are obliged to give the corresponding notice to the other party, fifteen (15) business days in advance of that address change occurs. In as much, THE PARTIES are not notified in writing the domicile change, all the diligences, warnings, emplacements and judicial or extrajudicial notifications, will be understood validly practiced in the addresses indicated in this document.

EIGHTEENTH: CONTRACTUAL RECOGNITION: The present terms and conditions constitute the full, total and only manifestation of the parties’ will, so that any agreement, writing, notification or offer, made previously to these terms and conditions, be in written or verbal form, and that directly or indirectly related to the purpose of this instrument, are without effect, so neither party reserves any action or right to exercise, derived from any of these acts prior to the acceptance of this document.

NINETEENTH : OF THE MODIFICATIONS: These terms and conditions may be modified by CIBERSYS, without prior notice, in which case the modified version will be made available to THE CLIENT, through the website www.cibersys.com, so it will be responsibility of THE CLIENT to periodically consult the current terms and conditions and in case of not agreeing with its content and scope, THE CLIENTmay request the Service cancellation, as long as it does not owe the corresponding service payment, prior notification sent to the email soporte@cibersys.com and administracion@cibersys.com, who in a peremptory lapse of three (3) Business days will respond, after verification of the balance and not having debts in arrears will be cut the requested service.

TWENTIETH: PROTECTION OF DATA: During the provision of the Services, CIBERSYS will comply with the Data Protection Law, which is available on the web site: www.cibersys.com and is incorporated herein by reference. The Data Protection Law is subject to modifications at the discretion of CIBERSYS, however, modifications of CIBERSYS to mentioned instrument will not result in a significant reduction in the protection level provided to your personal data provided as part of its content during the service period established in your Purchase Order.

OTHER PROVISIONS: (I) CIBERSYS, is an independent contractor and the parties accept that there is no association, joint venture or agency relationship or representation between them. THE CLIENT and CIBERSYS, will be responsible for payments to their respective employees, including insurance and payroll taxes that apply. THE CLIENT , will defend and indemnify CIBERSYS against any liability arising from the laws, ordinances or regulations applicable in relation to the termination or variation of the employment conditions that THE CLIENT arranges with respect to any of its employees in relation to the Services in accordance with the present Contract. THE CLIENT, understands that the business partners or third parties, that THE CLIENT, contracts for the service provision, , are independent of CIBERSYS and are not representatives of it. CIBERSYS is not responsible, obligated, or responsible for any problem with the services resulting from the acts of said commercial partners or third parties hired by THE CLIENT. (II) In case any clause of this contract is considered null or unenforceable, the remaining provisions will remain in force and said clause will be replaced by another one that is consistent with the purpose of this contract. (III) Except for actions for non-payment or violation of the CIBERSYS ownership rights, ,neither party may file an action, regardless of its form, arising under or as a result of this contract, once elapsed two (2) years since said action originates. (IV) None of the Services designed and developed by CIBERSYS, are intended to be used in nuclear power plants or other applications or risky software. (V) CIBERSYS, will be able to audit THE CLIENT use of the agreed Service, in order to evaluate the correct use thereof, according to what is established in this contract. These audits will not unreasonably interfere with your commercial activities, they will be at the expense of CIBERSYS. In the event that the result of them, evidences the inappropriate use of the agreed service, CIBERSYS, may terminate the Service, without THE CLIENT requesting any compensation to jurisdictional entities. (VI) The acquisition of different services, products and solutions in the cloud and mobile and web applications owned by CIBERSYS, constitute different and independent offers of any other order. THE CLIENT understands that it can acquire several of these independently from any other offer. Its pay obligation under an order is not subject to the performance of any other service offer. (VII) It is expressly understood that this Contract does not create links with third-party beneficiaries, hired by THE CLIENT.

This instrument is property of CIBERSYS and its disclosure is prohibited, without prior authorization from it. In case of doubts about the scope and interpretation of it, please, send an email to: legal@cibersys.com.

The terms and conditions set forth below constitute the agreement under which Cibersys (hereinafter CIBERSYS), will grant THE CLIENT use of the WifiSecurity Solution (hereinafter referred to as Service). The Service use by the CLIENT, implies its adherence to these terms and conditions and is subject to them and the modifications that may be suffered. In case of acting together, they will be referred to as THE PARTIES. If the CLIENT, at any time, does not agree with the terms and conditions of this document, It must abstain immediately from using the Service. The terms and conditions of the service will be governed by the following clauses:
FIRST: OBJECT: The purpose of this document is to establish terms and conditions under which CIBERSYS will grant THE CLIENT, use of the Service, whose description, scope, characteristics and advantages will be established in this contract.
SECOND: SERVICE DEFINITION : WIFISECURITY: It is a security solution in wireless networks that allows to apply security levels to the users that are connected in these networks. Through this solution, it is possible to stop malware, unacceptable content and P2P traffic for all devices in the network, using Cloud DNS filtering.
THIRD: ADVANTAGES OF SERVICE USE: Wifi Security, is a solution that monitors users activity connected to your access points with the fastest and easiest web filter in the cloud. The advantages of using this Service, would be:
  1. Malware Protection: 24×7 malware protection in the DNS layer for all network. devices
  2. Block malware and torrent sites
  3. Apply Google Safe Search for all network devices.
  4. Stop P2P traffic
  5. It allows to establish individual and predetermined policies according to client needs.
  6. It allows to establish policies by category according to the criteria: Security, Conformity, Bandwidth Control, Productivity.
  7. It generates Real-Time Information: a cloud-based dashboard with real-time activity reports in all its offices.
  8. Web filtering: centralized, location-based policies with 80 categories, block and permission lists, and customizable HTML block pages
  9. It allows remote configuration: site visits are not required
  10. Active Directory Support
  11. It allows to monitor User Activity
  12. It allows to identify the users productivity through Google for Work
  13. Allows schools to access YouTube content in a controlled manner
  14. Help meet legal requirements
  15. Enforce the company’s acceptable use policies
  16. Supervision of Social Networks
FOURTH: SCOPE AND ACTIVITIES OF THE SERVICE: The solution consists of the following deployment types for its implementation: The implementation models are the following:
  • Through agents
  • Through DNS
  • Hybrid model
FIFTH: ACCESS TO SERVICE: CIBERSYS, reserves the right to suspend access to the Service at any time if it considers that THE CLIENT, is violating the service security conditions or may potentially do so or when CIBERSYS detects that the service presents vulnerabilities that are attributable to THE CLIENT and that may place at risk the infrastructure of CIBERSYS.
SIXTH: CHANGE OF SERVICE MODALITY: In the event that THE CLIENT,wishes to change the service mode, it must request this change to CIBERSYS, through the Support Center.
SEVENTH: CIBERSYS TECHNICAL ASSISTANCE AND TECHNICAL SUPPORT: CIBERSYS offers, at no additional cost to THE CLIENT, a free advice of four (4) hours in total, for a month, counted from the signing contract date. If you require an hours extension, you must cancel according to the plans provided by CIBERSYS. Likewise, CIBERSYS offers technical support to resolve doubts or faults that the contracted Service presents, by phone or by email (soporte@cibersys.com) 24 hours a day, 365 days a year.
EIGHTH: SERVICE RATES AND PAYMENT CONDITIONS: THE CLIENT, must pay CIBERSYS for the Service provision the monthly rent that corresponds to the Service modality contracted and according to current rates indicated on the website www.cibersys.com, on the understanding that the acceptance by THE CLIENT to the terms and conditions stipulated herein, implies the acceptance of said charges. The monthly rent of the Service is independent of any other charge for other services provided to the CLIENT. The billing of the Service charges will be made under the modality specified by CIBERSYS. THE CLIENT, may request the billing information change of the Service, provided that it provides a new payment form that complies with the requirements established by CIBERSYS. Any change in the billing information will be reflected until the next billing Service period. In the event that THE CLIENT falls behind in the Service payments, it is obliged to cancel the default interest, according to the current rate emanated from the Central Bank of the country where the sale was made. The default interest will be computed from the date on which the default occurs in the payment and for all the time in which the default continues and, if it is applicable, before and after mentioned payment has been sued and judged until it is paid. During the term of these terms and conditions, each of the parties will be responsible for paying the taxes or any contribution that, according to the legal provisions and regulations in force, corresponds to them. THE PARTIES, recognize and accept that in the event that the competent authorities in the tax or fiscal area, modify the base and tax rates and contributions that are caused according to these terms and conditions, and even that mentioned authorities determine the application of new tax levies, the amount that THE CLIENT, must pay will be adjusted from its entry into force, which will be reflected in the tax receipts issued for that purpose.
NINTH: ADJUSTMENTS AND CLARIFICATIONS: At the request of CLIENT, clarifications and adjustments of the charges related to the Service may be made, in the following cases: (i) when THE CLIENT, receives charges and the Service has not been provided for causes not attributable to THE CLIENT, (ii) for Service interruption, when this has been greater than three (3) business days. In the event that THE CLIENT, is located in any of the aforementioned cases, the proportional part of the monthly rent will be discounted in the next period to be invoiced, calculated based on the number of days that the Service has not been provided. THE CLIENT, accepts that there will be no charge adjustment with a time that is greater than six months.
TENTH: SUSPENSION: THE CLIENT, acknowledges and accepts CIBERSYS may suspend the Service provision, without any liability or the need of a judicial declaration, when THE CLIENT does not pay in time, and CIBERSYS, will restore the Service when THE CLIENT, certifies having settled any debt, in the understood that if after thirty calendar days of having suspended the Service, CIBERSYS does not receive the corresponding payment, CIBERSYS may withdraw the Service without any responsibility or the need of a judicial declaration.
ELEVENTH: RESTRICTION ON THE SERVICE USE: THE CLIENT, undertakes to: (i) does not make or allow any act against the interests of CIBERSYS and / or any of its clients, which may directly or indirectly affect the activities or business image of CIBERSYS and / or of any of its clients. (ii) Comply at all times with the legal provisions that regulate the provision and use of the Service. (iii) Refrain from marketing the Service by its own name. (iv) Refrain from modifying, copying, reselling or publishing the Service without authorization. (v) Comply at all times with the legal provisions that regulate the provision and use of the Service. (vi) Comply at all times with the legal provisions that regulate the provision and use of the Service. (vii) Refrain from marketing the Service. (viii) Refrain from modifying, copying, reselling or publishing the Service without authorization. (ix) Limit, restrict, prevent, prohibit and prevent any third party from misusing the Service without authorization, being obliged to cover any charge, including damages caused to CIBERSYS and / or third parties arising from its breach. Failure to comply with the provisions of this section empowers CIBERSYS, without any responsibility to disconnect the Service immediately or the need for a judicial declaration, as well as to demand the damage payment and losses caused, in addition to carrying out the actions that according to the present corresponds.
TWELFTH: VALIDITY: The validity of the present terms and conditions will be for an undetermined time period and will come into force as of the date on which THE CLIENT, contracted the Service. Notwithstanding, the foregoing, the Service contracted by THE CLIENT will have the minimum validity for which purpose it was contracted.
THIRTEENTH: INFORMATION CONFIDENTIALITY: THE CLIENT, will keep strict confidentiality with respect to the documentation and printed, verbal, audiovisual or any other information that CIBERSYS may provide for compliance with these terms and conditions.
FOURTEENTH: ASSIGNMENT OF RIGHTS AND SUBCONTRACTING: Unless previously authorized in writing by CIBERSYS, the rights and obligations derived from this instrument can not be assigned, encumbered or transmitted in any way by THE CLIENT.
FIFTEENTH: FORTUITOUS EVENT OR FORCE MAJEURE In the event of a fortuitous event or force majeure that partially or totally prevents the Service provision, any of the parties may terminate the provision thereof, without liability, by written notice within five (5) working days, following that this circumstance has occurred, THE CLIENT , is obliged to make the payments that are pending settlement related to the Service that would have been provided to THE CLIENT until the date on which the event occurred. In the event that a fortuitous event or force majeure occurs and THE CLIENT has made the benefits payment s in advance with respect to the Service, CIBERSYS will proceed to pay the unearned amounts.
SIXTEENTH: NOTIFICATIONS All notifications or notices that the parties must give according to this document, will be made by mutual agreement between the parties and must be defined at the time of signing. In the event that THE CLIENT, changes its address, THE PARTIES are obliged to give the corresponding notice to the other party, fifteen (15) business days in advance of that address change occurs. In as much, THE PARTIES are not notified in writing the domicile change, all the diligences, warnings, emplacements and judicial or extrajudicial notifications, will be understood validly practiced in the addresses indicated in this document.
SEVENTEENTH: CONTRACTUAL RECOGNITION: The present terms and conditions constitute the full, total and only manifestation of the parties’ will, so that any agreement, writing, notification or offer, made previously to these terms and conditions, be in written or verbal form, and that directly or indirectly related to the purpose of this instrument, are without effect, so neither party reserves any action or right to exercise, derived from any of these acts prior to the acceptance of this document.
EIGHTEENTH: OF THE MODIFICATIONS: These terms and conditions may be modified by CIBERSYS, without prior notice, in which case the modified version will be made available to the CLIENT, through the website www.cibersys.com, so it will be responsibility of the CLIENT to periodically consult the current terms and conditions and in case of not agreeing with its content and scope, The CLIENT may request the Service cancellation, as long as it does not owe the corresponding service payment, prior notification sent to the email soporte@cibersys.com and administracion@cibersys.com, who in a peremptory lapse of three (3) Business days will respond, after verification of the balance and not having debts in arrears will be cut the requested service.
NINETEENTH DATA PROTECTION: During the provision of the Services, CIBERSYS will comply with the Data Protection Law, which is available on the web site: www.cibersys.com and is incorporated herein by reference. The Data Protection Law is subject to modifications at the discretion of CIBERSYS, however, modifications of CIBERSYS to mentioned instrument will not result in a significant reduction in the protection level provided to your personal data provided as part of its content during the service period established in your Purchase Order.
OTHER PROVISIONS: (I) CIBERSYS, is an independent contractor and the parties accept that there is no association, joint venture or agency relationship or representation between them. THE CLIENT and CIBERSYS, will be responsible for payments to their respective employees, including insurance and payroll taxes that apply. THE CLIENT , will defend and indemnify CIBERSYS against any liability arising from the laws, ordinances or regulations applicable in relation to the termination or variation of the employment conditions that THE CLIENT arranges with respect to any of its employees in relation to the Services in accordance with the present Contract. THE CLIENT, understands that the business partners or third parties, that THE CLIENT, contracts for the service provision, are independent of CIBERSYS and are not representatives of it. CIBERSYS is not responsible, obligated, or responsible for any problem with the services resulting from the acts of said commercial partners or third parties hired by THE CLIENT. (II) In case any clause of this contract is considered null or unenforceable, the remaining provisions thereof will remain in force and said clause will be replaced by another one that is consistent with the purpose of this contract. (III) Except for actions for non-payment or violation of the CIBERSYS ownership rights, neither party may file an action, regardless of its form, arising under or as a result of this contract, once elapsed two (2) years since said action originates. (IV) None of the Services designed and developed by CIBERSYS, are intended to be used in nuclear power plants or other applications or risky software. (V) CIBERSYS, will be able to audit THE CLIENT use of the agreed Service, in order to evaluate the correct use thereof, according to what is established in this contract. These audits will not unreasonably interfere with your commercial activities, they will be at the expense of CIBERSYS. In the event that the result of them, evidences the inappropriate use of the agreed service, CIBERSYS, may terminate the Service, without THE CLIENT requesting any compensation to jurisdictional entities. (VI) The acquisition of different services, products and solutions in the cloud and mobile and web applications owned by CIBERSYS, constitute different and independent offers of any other order. THE CLIENT understands that it can acquire several of these independently from any other offer. Its pay obligation under an order is not subject to the performance of any other service offer. (VII) It is expressly understood that this Contract does not create links with third-party beneficiaries, hired by THE CLIENT. This instrument is property of CIBERSYS and its disclosure is prohibited, without prior authorization from it. In case of doubts about the scope and interpretation of it, please, send an email to: legal@cibersys.com. THE CLIENT understands that it can acquire several of these independently from any other offer. Its pay obligation under an order is not subject to the performance of any other service offer. (VII) It is expressly understood that this Contract does not create links with third-party beneficiaries, hired by THE CLIENT.
This instrument is property of CIBERSYS and its disclosure is prohibited, without prior authorization from it. In case of doubts about the scope and interpretation of it, please, send an email to: legal@cibersys.com.
The terms and conditions set forth below constitute the agreement under which Cibersys (hereinafter CIBERSYS), will grant THE CLIENT use of the DNS FILTERING Solution (hereinafter referred to as Service). The Service use by the CLIENT, implies its adherence to these terms and conditions and is subject to them and the modifications that may be suffered. In case of acting together, they will be referred to as THE PARTIES.
If the CLIENT, at any time, does not agree with the terms and conditions of this document, It must abstain immediately from using the Service. The terms and conditions of the service will be governed by the following clauses:
FIRST: OBJECT: The purpose of this document is to establish terms and conditions under which CIBERSYS will grant THE CLIENT use of the Service, whose description, scope, characteristics and advantages will be established in this contract.
SECOND: DEFINITION OF DNS FILTERING SERVICE: DNS filtering of Cibersys is a product that is part of the Virtual Firewall Service and also the web filtering solutions group. All this as part of the total security policy of Cibersys to offer comprehensive protection of each client assets.
THIRD: SERVICE CHARACTERISTICS: The solution has the following characteristics:
  1. Supports all network devices , including guest devices.
  2. To implement a default policy on all devices.
  3. No configuration is required per device.
  4. The simplest and fastest implementation method.
  5. No software or hardware is required. Only DNS settings must be updated to use Cibersys DNS servers.
  6. A single policy for all devices that use the DNS-based method.
  7. Operate with any device.
FOURTH: SERVICE SCOPE The solution contemplates filtering of more than 80 categories, in addition to particular domains, the categories include the following contexts: Social networks, streaming, pornography, alcoholism, government, P2P, etc.
The solution adapts to any of the following environments:
  1. To small and medium companies that need to increase productivity by monitoring the Internet use through a complete URLs categorization (more than 80 categories), optimizes the bandwidth use and reduces risks of browsing inappropriate sites.
  2. Schools, that wish to integrate the solution to GoogleApps in order to help users to self manage their Internet use, tasks and time.
  3. Any organization that requires controlling who shares documents with Dropbox, Google Drive or One Drive.
  4. Cafes, shops and restaurants.
  5. Malls.
  6. Schools and universities.
  7. Health Systems and Hospitals.
  8. Hotels.
  9. Offices.
  10. Bookstores.
  11. Airports.
FIFTH: ADVANTAGES OF SERVICE USE: The advantages of using this Service, would be:
  1. It allows to stop P2P traffic.
  2. It allows to establish individual and predetermined policies according to client needs.
  3. It allows to establish policies by category according to the criteria: Security, Conformity, Bandwidth Control, Productivity.
  4. It generates Real-Time Information: a cloud-based dashboard with real-time activity reports in all its offices.
  5. Web Filtering: centralized policies based on location with 80 categories, block and permission lists, and customizable HTML block pages.
  6. It allows remote configuration: site visits are not required.
  7. Active Directory Support.
  8. It allows to monitor User Activity.
SIXTH: CHANGE OF SERVICE MODALITY: In the event that THE CLIENT,wishes to change the service mode, it must request this change to CIBERSYS, through the Support Center.
SEVENTH: CIBERSYS TECHNICAL ASSISTANCE AND TECHNICAL SUPPORT: CIBERSYS offers, at no additional cost to THE CLIENT, a free advice of four (4) hours in total, for a month, counted from the signing contract date. If you require an hours extension, you must cancel according to the plans provided by CIBERSYS. Likewise, CIBERSYS offers technical support to resolve doubts or faults that the contracted Service presents, by phone or by email (soporte@cibersys.com) 24 hours a day, 365 days a year.
EIGHTH: SERVICE RATES AND PAYMENT CONDITIONS: THE CLIENT, must pay CIBERSYS for the Service provision the monthly rent that corresponds to the Service modality contracted and according to current rates indicated on the website www.cibersys.com, on the understanding that the acceptance by THE CLIENT to the terms and conditions stipulated herein, implies the acceptance of said charges. The monthly rent of the Service is independent of any other charge for other services provided to the CLIENT. The billing of the Service charges will be made under the modality specified by CIBERSYS. THE CLIENT, may request the billing information change of the Service, provided that it provides a new payment form that complies with the requirements established by CIBERSYS. Any change in the billing information will be reflected until the next billing Service period. In the event that THE CLIENT falls behind in the Service payments, it is obliged to cancel the default interest, according to the current rate emanated from the Central Bank of the country where the sale was made. The default interest will be computed from the date on which the default occurs in the payment and for all the time in which the default continues and, if it is applicable, before and after mentioned payment has been sued and judged until it is paid. During the term of these terms and conditions, each of the parties will be responsible for paying the taxes or any contribution that, according to the legal provisions and regulations in force, corresponds to them. THE PARTIES, recognize and accept that in the event that the competent authorities in the tax or fiscal area, modify the base and tax rates and contributions that are caused according to these terms and conditions, and even that mentioned authorities determine the application of new tax levies, the amount that THE CLIENT, must pay will be adjusted from its entry into force, which will be reflected in the tax receipts issued for that purpose.
NINTH: ADJUSTMENTS AND CLARIFICATIONS: At the request of CLIENT, clarifications and adjustments of the charges related to the Service may be made, in the following cases: (i) when THE CLIENT, receives charges and the Service has not been provided for causes not attributable to THE CLIENT, (ii) for Service interruption, when this has been greater than three (3) business days. In the event that THE CLIENT, is located in any of the aforementioned cases, the proportional part of the monthly rent will be discounted in the next period to be invoiced, calculated based on the number of days that the Service has not been provided. THE CLIENT, accepts that there will be no charge adjustment with a time that is greater than six months.
TENTH: SUSPENSION: THE CLIENTTHE CLIENT, acknowledges and accepts CIBERSYS may suspend the Service provision, without any liability or the need of a judicial declaration, when THE CLIENT does not pay in time, and CIBERSYS, will restore the Service when THE CLIENT, certifies having settled any debt, in the understood that if after thirty calendar days of having suspended the Service, CIBERSYS does not receive the corresponding payment, CIBERSYS may withdraw the Service without any responsibility or the need of a judicial declaration.
ELEVENTH: RESTRICTION ON THE SERVICE USE: THE CLIENT, undertakes to: (i) does not make or allow any act against the interests of CIBERSYS and / or any of its clients, which may directly or indirectly affect the activities or business image of CIBERSYS and / or of any of its clients. (ii) Comply at all times with the legal provisions that regulate the provision and use of the Service. (iii) Refrain from marketing the Service by its own name. (iv) Refrain from modifying, copying, reselling or publishing the Service without authorization. (v) Comply at all times with the legal provisions that regulate the provision and use of the Service. (vi) Comply at all times with the legal provisions that regulate the provision and use of the Service. (vii) Refrain from marketing the Service. (viii) Refrain from modifying, copying, reselling or publishing the Service without authorization. (ix) Limit, restrict, prevent, prohibit and prevent any third party from misusing the Service without authorization, being obliged to cover any charge, including damages caused to CIBERSYS and / or third parties arising from its breach. Failure to comply with the provisions of this section empowers CIBERSYS, without any responsibility to disconnect the Service immediately or the need for a judicial declaration, as well as to demand the damage payment and losses caused, in addition to carrying out the actions that according to the present corresponds.
TWELFTH: VALIDITY: The validity of the present terms and conditions will be for an undetermined time period and will come into force as of the date on which THE CLIENT, contracted the Service. Notwithstanding, the foregoing, the Service contracted by THE CLIENT will have the minimum validity for which purpose it was contracted.
THIRTEENTH: INFORMATION CONFIDENTIALITY: THE CLIENT, will keep strict confidentiality with respect to the documentation and printed, verbal, audiovisual or any other information that CIBERSYS may provide for compliance with these terms and conditions.
FOURTEENTH: ASSIGNMENT OF RIGHTS AND SUBCONTRACTING: Unless previously authorized in writing by CIBERSYS, the rights and obligations derived from this instrument can not be assigned, encumbered or transmitted in any way by THE CLIENT.
FIFTEENTH: FORTUITOUS EVENT OR FORCE MAJEURE In the event of a fortuitous event or force majeure that partially or totally prevents the Service provision, any of the parties may terminate the provision thereof, without liability, by written notice within five (5) working days, following that this circumstance has occurred, THE CLIENT , is obliged to make the payments that are pending settlement related to the Service that would have been provided to THE CLIENT until the date on which the event occurred. In the event that a fortuitous event or force majeure occurs and THE CLIENT has made the benefits payment s in advance with respect to the Service, CIBERSYS will proceed to pay the unearned amounts.
SIXTEENTH: NOTIFICATIONS All notifications or notices that the parties must give according to this document, will be made by mutual agreement between the parties and must be defined at the time of signing. In the event that THE CLIENT, changes its address, THE PARTIES are obliged to give the corresponding notice to the other party, fifteen (15) business days in advance of that address change occurs. In as much, THE PARTIES are not notified in writing the domicile change, all the diligences, warnings, emplacements and judicial or extrajudicial notifications, will be understood validly practiced in the addresses indicated in this document.
SEVENTEENTH: CONTRACTUAL RECOGNITION: The present terms and conditions constitute the full, total and only manifestation of the parties’ will, so that any agreement, writing, notification or offer, made previously to these terms and conditions, be in written or verbal form, and that directly or indirectly related to the purpose of this instrument, are without effect, so neither party reserves any action or right to exercise, derived from any of these acts prior to the acceptance of this document.
EIGHTEEN: OF THE MODIFICATIONS: These terms and conditions may be modified by CIBERSYS, without prior notice, in which case the modified version will be made available to the CLIENT, through the website www.cibersys.com, so it will be responsibility of the CLIENT to periodically consult the current terms and conditions and in case of not agreeing with its content and scope, The CLIENT may request the Service cancellation, as long as it does not owe the corresponding service payment, prior notification sent to the email soporte@cibersys.com and administracion@cibersys.com, who in a peremptory lapse of three (3) Business days will respond, after verification of the balance and not having debts in arrears will be cut the requested service.
NINETEENTH DATA PROTECTION: During the provision of the Services, CIBERSYS will comply with the Data Protection Law, which is available on the web site: www.cibersys.com and is incorporated herein by reference. The Data Protection Law is subject to modifications at the discretion of CIBERSYS, however, modifications of CIBERSYS to mentioned instrument will not result in a significant reduction in the protection level provided to your personal data provided as part of its content during the service period established in your Purchase Order.
OTHER PROVISIONS: (I) CIBERSYS, is an independent contractor and the parties accept that there is no association, joint venture or agency relationship or representation between them. THE CLIENT and CIBERSYS, will be responsible for payments to their respective employees, including insurance and payroll taxes that apply. THE CLIENT , will defend and indemnify CIBERSYS against any liability arising from the laws, ordinances or regulations applicable in relation to the termination or variation of the employment conditions that THE CLIENT arranges with respect to any of its employees in relation to the Services in accordance with the present Contract. THE CLIENT, understands that the business partners or third parties, that THE CLIENT, contracts for the service provision, are independent of CIBERSYS and are not representatives of it. CIBERSYS is not responsible, obligated, or responsible for any problem with the services resulting from the acts of said commercial partners or third parties hired by THE CLIENT. (II) In case any clause of this contract is considered null or unenforceable, the remaining provisions thereof will remain in force and said clause will be replaced by another one that is consistent with the purpose of this contract. (III) Except for actions for non-payment or violation of the CIBERSYS ownership rights, neither party may file an action, regardless of its form, arising under or as a result of this contract, once elapsed two (2) years since said action originates. (IV) None of the Services designed and developed by CIBERSYS, are intended to be used in nuclear power plants or other applications or risky software. (V) CIBERSYS, will be able to audit THE CLIENT use of the agreed Service, in order to evaluate the correct use thereof, according to what is established in this contract. These audits will not unreasonably interfere with your commercial activities, they will be at the expense of CIBERSYS. In the event that the result of them, evidences the inappropriate use of the agreed service, CIBERSYS, may terminate the Service, without THE CLIENT requesting any compensation to jurisdictional entities. (VI) The acquisition of different services, products and solutions in the cloud and mobile and web applications owned by CIBERSYS, constitute different and independent offers of any other order. THE CLIENT understands that it can acquire several of these independently from any other offer. Its pay obligation under an order is not subject to the performance of any other service offer. (VII) It is expressly understood that this Contract does not create links with third-party beneficiaries, hired by THE CLIENT.
This instrument is property of CIBERSYS and its disclosure is prohibited, without prior authorization from it. In case of doubts about the scope and interpretation of it, please, send an email to: legal@cibersys.com.

CONTRACT FOR THE PROVISION OF INTERNET SERVICE CELEBRATED BY A PART GEOCOMM S. DE R.L. DE C.V, WHO IN THE SUCCESSIVE WILL BE DENOMINATED “THE PROVIDER” AND ON THE OTHER HAND THE _______________________________ WHO IN THE SUCCESSIVE WILL BE DENOMINATED “THE SUBSCRIBER”, UNDER THE FOLLOWING:

D E C L A R A T I O N S

I.- “THE PROVIDER” declares

  1. A)Be a moral person with the capacity to celebrate this contract, in accordance with the Constitutive Act No. 131,593 dated November 9, 2016, filed with Mr. José Ángel Villalobos Magaña, Public Notary number 9 of the Federal District.
  2. B) Your legal representative counts, (as evidenced in TWELFTH article of the Assembly Minutes held on July 21, 2017 and registered under number 48,756 before the 71st Notary of the Federal District on August 10, 2017) with general power of attorney for holding of this Contract.
  3. C) Social Object: In the Fourth Article (of the Social Object) H Section: Provide, sell, distribute and promote private and public telecommunications services, local and long distance national and international telephony data transmission, restricted television and restricted audio, including its auxiliary, related and value-added services through concession or services granted, as the case may be, by the Ministry of Communications and Transportation or by the Federal Institute of Telecommunications, under any scheme authorized by the Ministry of Communications and Transportation or by entering into agreements or contracts on the subject that do not require authorization but always in accordance and in compliance with the legal provisions applicable in telecommunications.
  4. D) With Federal Taxpayer Registry, GEO161108890.
  5. E) With fiscal address in Paris Street, 1900 No. 10. Int. 202, Col. Olímpica, C.P. 04710in Mexico City.
  6. F) That it is a authorized concessionaire and of the Public Telecommunications Network to provide the INTERNET service throughout the Mexican Republic. Proving the above with the concession title and / or authorization N° IFT/223/UCS/AUT-COM-021/2018 dated March 6, 2018, granted by the Federal Institute of Telecommunications, which may be verified in the website www.ift.org.mx
  7. G) It indicated as legal domicile the one located in Montecito 38 Street. World Trade Center. 28th floor Office 16. Colonia Nápoles. Mexico City C.P. 03810.

II.- “THE SUBSCRIBER” declares

  1. A) Who is a physical or moral person whose name corresponds to the one seated on the cover.
  2. B) Who has full enjoyment of its rights and legal capacity to contract and be bound by the terms of this contract.
  3. C) For the purposes of this contract, indicate as your address the one indicated on the cover page.
  4. D) That the installation of the service will be at the address indicated on the cover page.

C L A U S E S

FIRST: “THE PROVIDER” is obliged to provide the Internet service in accordance with the minimum quality standards established by the Federal Telecommunications Institute, in a continuous, uniform, regular and efficient manner, complying with the applicable quality standards and goals, through the payment of the installation and monthly payments by “THE SUBSCRIBER”.

“THE PROVIDER” will be solely responsible to “THE SUBSCRIBER” for the provision of the internet service in accordance with the following:

Service: Internet Supply and Transportation.

Reception Speed: From: 50 MBPS.

Shipping Speed: From: 50 MBPS.

Features: Symmetrical and asymmetric service

The contracted speed will be included between the Modem and the first point of access to the Network of “THE PROVIDER”.

SECOND: “THE PROVIDER” is obliged to have in its offices available and public view with clearly legible characters, the rates for the service in force, approved and registered in the Fare Registration of the Federal Institute of Telecommunications, which may be consulted at www.ift.org.mx

The commercial conditions established in this contract, the plans, packages, geographic areas or regions with coverage authorized by “THE PROVIDER” can be consulted on the website www.cibersys.com

THIRD: The devices and accessories placed for the provision of the service by “THE PROVIDER” at the address of “THE SUBSCRIBER” are the exclusive property of “THE PROVIDER”, which are granted as a loan. “THE SUBSCRIBER” is committed to the guard, custody and conservation of the equipment (s), during all the time it is in its power and until such time as the Equipment is received in compliance by “THE PROVIDER” upon termination of the contract.

The terminal equipment has a guarantee for the contract duration, which will be made effective by “THE PROVIDER” if necessary. “THE PROVIDER” will suspend the service charge for the repairs duration. The service will continue to be charged if “THE PROVIDER” grants a substitute terminal equipment of the same characteristics.

FOURTH: The validity of this contract will be indefinite. “THE SUBSCRIBER”, may terminate it at any time, without penalty, by simple notice at the address of “THE PROVIDER” and / or via email sent to “THE PROVIDER” which will terminate the contract immediately. The cancellation in the service by “THE SUBSCRIBER” does not exempt it from paying the amounts owed to “THE PROVIDER”.

FIFTH: The payment of the monthly payment indicated on the cover page,“THE SUBSCRIBER” ,must be done within the first five (5) days of each month, in the place or form established therein. Delivering to “THE SUBSCRIBER” the corresponding tax receipt for said payment. “THE PROVIDER”, will notify “THE SUBSCRIBER”, by any means, including the electronic one, of any change in the conditions originally contracted.

“THE PROVIDER”, when making tariff updates and this implies an increase in the price of the provision and / or decrease in the services number originally contracted, will be obliged to notify “THE SUBSCRIBER” with at least 15 calendar days in advance of the modification being carried out, “THE SUBSCRIBER” may request the forced fulfillment and in case it does not comply with the same, terminating the contract without any penalty within 60 calendar days after the said modifications take effect, independently of the legal actions that correspond to its fulfillment.

Suppliers may not unjustifiably increase prices due to natural or meteorological phenomena or health contingencies.

SIXTH: “THE PROVIDER” is obligated to deliver at the address of “THE SUBSCRIBER”, a account statement and / or invoice, which must contain total debit breakdown of the each service concept used, at least 10 calendar days before the payment date of telecommunications services hired. “THE PROVIDER” may expressly agree with “THE SUBSCRIBER” that the account statement and / or invoice be sent to the email indicated on the cover page or consulted through the Internet page www.cibersys.com

SEVENTH: When “THE SUBSCRIBER” does not pay within that month, “THE PROVIDER” will suspend the service without any responsibility within the first 5 days of the following month to the payment default , running on behalf of “THE SUBSCRIBER”the monthly payment and reconnection in force , rates approved and registered in the Rate Register of the Federal Institute of Telecommunications, which can be consulted at www.ift.org.mx

“THE PROVIDER” must reconnect the service within 24 hours of the date on which the debits and the reconnection fee were settled.

EIGHTH. “THE PROVIDER” must carry out installations and start providing the service object of this contract, within a period not exceeding 10 calendar days from the contract signing . Once the terminal equipment is installed and “THE SUBSCRIBER” has the service “THE PROVIDER” may start charging it, depending on the service start date , it will be totally or partially the collection of the monthly payment, corresponding only to the period used.

NINTH: “THE SUBSCRIBER” will have the minimum personal equipment necessary, with the necessary features to make use of the Internet Service, “THE PROVIDER” will inform prior to hiring what are the minimum requirements of personal devices. “THE SUBSCRIBER” will take all necessary measures to protect information of your property and / or software.

“THE PROVIDER” will not be responsible for damages caused by hackers and / or viruses transmitted through the Internet.

“THE PROVIDER” is not responsible for the devices configuration such as “routers”, “switch”, “hubs”, “proxy”, that are necessary for the concurrent use of Personal Equipment. “THE PROVIDER” , will not perform installation of the local area network (LAN) at the address of “THE SUBSCRIBER”, so it will not be responsible for the proper functioning of it.

TENTH. “THE SUBSCRIBER” must cover the cost of both the Equipment repairs when the decomposition, misuse, malfunction or failure of the same is imputable.“THE SUBSCRIBER” is obliged to: do not sell the Equipment, nor change the original installation address, do not allow an unauthorized third party to use the Equipment, or assign the Equipment without the consent of “THE PROVIDER” and use the Equipment in the form authorized by “THE PROVIDER”.

“THE SUBSCRIBER” must have the electrical installation which complies with the specifications of the Federal Electricity Commission; “THE SUBSCRIBER” acknowledges that “THE PROVIDER” will not be responsible for damages or losses in equipment owned by the subscriber due to voltage variations or electric shocks, “THE SUBSCRIBER” and / or a third party that has manipulated the electrical installations. “THE PROVIDER” will be responsible for service failures caused by voltage variations or electrical discharges in terminal equipment granted on a loan.

In the event that the Equipment granted in a loan, is stolen or subject to loss, “THE SUBSCRIBER” must give immediate notice to the Call Center, within a period in which it will not exceed twenty-four hours after the event for the Equipment replacement.“THE SUBSCRIBER” will have a period of 30 working days after the same to present a certified copy of the corresponding certificate issued before a Competent Authority, to accredit the theft object or loss, so that it does not imply any cost to replace the equipment.

ELEVENTH: “THE SUBSCRIBER” must immediately notify “THE PROVIDER” , failures or interruptions of the Service (s).

Provided that for reasons attributable to “THE PROVIDER” the telecommunications service is not provided in the form and terms agreed, it will stop charging “THE SUBSCRIBER” the proportional part of the service price that was left to lend, and must regain at least 20% of the period amount of affectation. When the suspension is due to unforeseen circumstances or force majeure, if it lasts more than 24 consecutive hours following the report “THE PROVIDER”, will make the compensation for the proportional part of the period in which the service contracted by “THE SUBSCRIBER”, was stopped, said compensation will be reflected in the following receipt and / or invoice; In addition, you must rebate at least 20% of the amount of the affected period.

As soon as “THE PROVIDER” receives the call regarding faults and / or interruptions in the Internet service, the type of fault will be verified and based on this, the time for the repair will be determined, which can not exceed 24 hours following the report received.

“THE PROVIDER” will notify “THE SUBSCRIBER”, by any means including the electronic and the Federal Telecommunications Institute in writing, of any foreseeable circumstance that has a widespread and significant impact on the service provision, at least 24 hours in advance. This circumstance can not affect the service for more than 24 hours in which case “THE PROVIDER” will stop charging “THE SUBSCRIBER” the proportional part of the service price that was not provided, and will have to discount at least 20% of the affectation period amount, the same will happen if “THE PROVIDER” does not give notice to the Federal Institute of Telecommunications in accordance with this clause.

In the case of undue charges made by “THE PROVIDER”, they must be reimbursed within a period of no more than 2 billing cycles, in addition to a bonus of at least 20% of the unduly paid amount.

TWELFTH: This Contract may be terminated by“THE PROVIDER” immediately and without the need for a resolution or judicial declaration in the following cases:

  1. a)To use the Equipment or Services in contravention of the legal provisions, regulations, fundamental telecommunications plans, as well as any current provision in telecommunications that is applicable to the provision of Services.
  2. b) If “THE SUBSCRIBER”, commercializes or resells the Services contracted, as well as for obtaining of any profit by the sale or resale of the Service to any third party, without the due authorization by “THE PROVIDER” or the IFT.
  3. c) If “THE SUBSCRIBER”, transfers the rights and / or obligations derived from this contract or the corresponding cover, without the prior written authorization of “THE PROVIDER”.
  4. d) If “THE SUBSCRIBER”, does not cover all amounts owed to “THE PROVIDER” within 90 (ninety) calendar days following the suspension date of services.

THIRTEENTH:This Contract may be terminated without liability by the “THE SUBSCRIBER” , in the following cases:

  1. a) If “THE PROVIDER”, disregards any request submitted by “THE SUBSCRIBER”, for the provision of the Internet service and / or the additional services contracted, either by complaint or adjustment. The request must be duly formulated. The request must be duly formulated.
  2. b) If “THE PROVIDER”, breaches any provision of this contract.
  3. c) If “THE PROVIDER”, does not comply with the agreed quality standards in accordance with the provisions of the FIRST CLAUSE and the technical service specifications contracted in the service request or cover page of this contract.
  4. d) If “THE PROVIDER” unilaterally modifies the conditions originally contracted.
  5. e) By termination or revocation of the Concession Certificate.
  6. f) When there is rights assignment of the Concession Certificate to another Supplier.

FOURTEENTH: The parties agree to notify any change in their domiciles in the understanding that if the new address of “THE SUBSCRIBER”, is outside the coverage area of service provision by “THE PROVIDER”, it will be automatic cause contract termination without responsibility for both parties, “THE SUBSCRIBER”, will allow withdrawal by “THE PROVIDER”, of equipment and accessories that for this contract have been provided to “THE SUBSCRIBER”.

FIFTEENTH: In the event that “THE PROVIDER” does not provide the internet services agreed in this contract in the form and terms agreed, contracted, offered or advertised, as well as quality standards and in accordance with the Federal Telecommunications and Broadcasting Law, “THE SUBSCRIBER” will have the right to terminate the contract in terms of the THIRTEENTH clause THIRTEENTH.

SIXTEENTH: When “THE PROVIDER” modifies the conditions originally contracted, “THE SUBSCRIBER” may request the forced fulfillment of the contract, and in case it does not fulfill them to rescind it. Similarly, when an adhesion contract has been signed, it can only be changed to another by agreement of the parties, and the consent may be granted by electronic means.

SEVENTEENTH: Additional services will be provided upon request of “THE SUBSCRIBER”, by event, time, capacity or any other modality with “THE PROVIDER”.

“THE PROVIDER”may not require contracting of additional services as a requirement for contracting of Internet service or to continue with the contracted services, nor charges be applied without the prior consumer consent or that are not derived from the corresponding contract; likewise “THE SUBSCRIBER” in case of having any any additional service, may cancel it at any time without responsibility for “THE SUBSCRIBER” and without affecting the Internet service contracted. “THE PROVIDER” must cancel the services within five calendar days following said manifestation.

“THE PROVIDER” may offer additional services or products in a packaged manner or separately when “THE SUBSCRIBER” requests.

EIGHTEENTH: “THE PROVIDER”is obliged to protect and treat according to the Federal Law of Protection of Personal Data in Possession of Individuals, the personal data provided by “THE SUBSCRIBER”.

The acceptance of “THE SUBSCRIBER” so that“THE PROVIDER” uses the information for marketing or advertising purposes, is subject to statement by “THE SUBSCRIBER” on the cover, after signing authorization.

NINETEENTH: As regards hiring for users with disabilities, “THE PROVIDER” will be obliged to have at his disposal others communication means to inform “THE SUBSCRIBER” the conditions established in this contract, the additional services and the packages offered by “THE PROVIDER”.

“THE PROVIDER” will provide the service to anyone who requests it in fair conditions, without establishing privileges or distinctions in a discriminatory manner.

TWENTIETH . “THE PROVIDER” “THE PROVIDER” will deliver to “THE SUBSCRIBER” the users’ minimum rights letter of the public telecommunications services, at the signing of the contract, and keep it permanently on its website. TWENTY-FIRST. “THE SUBSCRIBER” will not receive calls from the “PROVIDER”, about services promotion or packages unless expressly states its consent through electronic means. TWENTY SECOND. “THE SUBSCRIBER” may submit its complaints for faults and / or deficiencies in the service and / or equipment; as well as queries, suggestions and complaints to “THE PROVIDER” for free through its Application Service System at 018002691343, which is available 24 hours a day, every day of the year and email support @ cibersys, or go directly to the office of “THE PROVIDER” located at Montecito 38. 28th Floor Office 16. World Trade Center. Colonia Nápoles Mexico City, from Monday to Friday from 9:30 am to 4 pm and Saturdays from 10 am to 2 pm. TWENTY THIRD. For all matters relating to the interpretation, compliance and execution of this contract, the parties submit to the Federal Consumer Procurator’s Office in the administrative channel. TWENTY FOURTH. The Services provided by “THE PROVIDER” to “THE SUBSCRIBER”, comply with the principles of net neutrality contained in the Federal Telecommunications and Broadcasting Law. “THE SUBSCRIBER” may access any content, application or service offered by “THE PROVIDER”, within the applicable legal framework, without limiting, degrading, restricting or discriminating access to them. “THE PROVIDER” will refrain from obstructing, interfering , INSPECT, FILTER OR DISCRIMINATE CONTENT, APPLICATIONS OR SERVICE. “THE PROVIDER” will preserve privacy of “THE SUBSCRIBER” and the network security . “THE PROVIDER” will publish on its website the information related to the characteristics of the service offered , including the policies of traffic management and network administration authorized by the Institute, speed, quality, nature and service guarantee. “THE PROVIDER” may take the necessary measures or actions for traffic management and network administration in accordance with the policies authorized by the Institute, in order to guarantee the service’s quality or speed contracted by “THE SUBSCRIBER” , provided that this does not constitute a practice contrary to healthy and free competition. TWENTY-FIFTH. This Adhesion Contract model used has been registered by the Federal Consumer Protection Agency, under the number ________ on the date _____ , ______ , 2017. Likewise, the subscriber may consult said registration at www.profeco.gob.mx/spt_contratos/ 000_17.pdf and in the following code, Any difference between the text of the adhesion contract registered with the Federal Consumer Protection Agency and that used to the detriment of ‘THE SUBSCRIBER’, will be considered as not put.

The adhesion contracts registered with the Federal Consumer Protection Agency must be used in all its commercial operations and correspond faithfully with the contract models registered by the same.

This contract was signed in duplicate in the City of ____________, ________________, _____ ____, 20____.

THE PROVIDER THE SUBSCRIBER

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