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:
- The solution allows it to be offered as a service and prevents the client from acquiring equipment or licenses.
- It allows having centralized and protected navigation on the Internet.
- It has the ability to establish security filtering to connected offices.
- It allows to establish centralized policies and administration of security.
- It allows to prioritize traffic through traffic shaping.
- 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:
- Establish VPN, VPN site to Site.
- Traffic Shaping.
- Filtering (IP, web).
- Antivirus ClamAV.
- Captive Portal.
- Graphic Monitoring.
- There is no dependence on Hardware.
All these features are integrated in the following versions:
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.
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:
The connection is made to our servers hosted in the most popular clouds in the market:
- Amazon Web Services and Microsoft Azure. It allows access to services anywhere in the world.
- Independent of the contracted Internet service provider.
- Without the use of equipment.
Data Center connection
- The connection is made directly from a Data center.
- Filter content from its origin.
- Transports filtered traffic to the location without hardware
- Consider a default security configuration.
- It offers protection from the most common attacks that threaten users and corporate networks.
- Includes periodic reports and graphs with the performance of the pre-configured Firewall.
- Self-management of the security profile by means of a configuration panel.
- Online interaction with our technical support team through the portal.
- Performance graphs with details of your firewall’s behavior.
SEVENTH: EXCLUSIONS OF THE VIRTUAL FIREWALL SOLUTION:
- It does not contemplate the development of Access Interface to the Captive portal (a standard is provided with the service).
- Creation or administration of Client Database is not contemplated*.
- 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 (firstname.lastname@example.org) 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 email@example.com and firstname.lastname@example.org, 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: email@example.com.