CONTRACT FOR PROVIDING INTERFACE SERVICES FOR CLOUD COMPUTING INFRASTRUCTURE MANAGEMENT
(This agreement was registered in the 2nd Titles and Documents Office of Sao Paulo under number 3.510.814 and is also available for download in PDF )
CLOUD8 SERVICOS DE INTERNET LTDA., headquartered in the city of São Paulo, State of São Paulo, at Avenida Macuco, 417/193, enrolled with the CNPJ / MF under No. 04.133.371 / 0001-00, hereinafter referred to as simply “CONTRACTOR” or “CONTRACTED PARTY”, and the PHYSICAL OR LEGAL PERSON identified in the register of the electronic database of the CONTRACTOR, hereinafter referred to simply as “CONTRACTING PARTY”,
I the CONTRACTOR has developed a cloud computing service infrastructure management platform called CLOUD8, accessible through www.cloud8. com ;
II. the CONTRACTOR can make available the CLOUD8 services in different types of Plans, each with its own characteristics as to the scope of services provided, available features, service and prices, among other characteristics;
III. the CONTRACTING PARTY is interested in contracting with the CONTRACTOR a determined CLOUD8 Services Plan, under the terms of this Agreement;
IV. both parties (CONTRACTOR AND CONTRACTING PARTY) agree and celebrate this contract, the Cloud8 Service Agreement (“Agreement”), under the terms and conditions below.
(i) CONTENT : any and all electronic data, including audiovisual data, in any form stored, transmitted, disclosed and / or made available by the CONTRACTING PARTY on any servers hosted on cloud computing infrastructure services managed through the CLOUD8 SERVICE.
(ii) CLOUD COMPUTING INFRASTRUCTURE SERVICE : service through which the CONTRACTOR contracts maximum volumes of memory usage, disk space, internet bandwidth and processing capacity. The CONTRACTOR is usually allowed to adjust the contracted plan, at any time, respecting the time necessary for processing the alteration in the infrastructure of the third party providers of these services, to several profiles of maximum volumes pre-defined and available to choose the CONTRACTING PARTY. The CONTRACTING PARTY pays the supplier the amount corresponding to how much effectively used in the period. The provider of the Cloud Computing Infrastructure Service (“SUPPLIER”) is freely chosen by the CONTRACTING PARTY, among those compatible with the services object of this Agreement, under its entire responsibility, including the responsibility for the direct payment to the SUPPLIER of the amounts resulting from such provision of services.
(iii) Cloud Computing Infrastructure Management Interface Provisioning Service (hereinafter “CLOUD8 SERVICE”) : service provided by CONTRACTOR under this Agreement and accessible via CONTROL PANEL, which allows the CONTRACTING PARTY to manage and optimize the CLOUD COMPUTING INFRASTRUCTURE SERVICE contracted by the CONTRACTOR himself with the SUPPLIER. The provision of the CLOUD8 SERVICE takes place in the modality usually known as A.S.P – Application Service Provider.
(iv) CONTROL PANEL : site made available by the CONTRACTOR, accessible via internet at http://www.cloud8.com.br, whereby it is possible for the CONTRACTING PARTY to view the its CLOUD COMPUTING INFRASTRUCTURE SERVICE accounts, as well as to make the necessary adjustments to the related indicators in order to optimize the use of the resources placed by the SUPPLIERS at the disposal of the CONTRACTING PARTY and to perform the administrative management of the accounts of INFRASTRUCTURE SERVICE OF CLOUD COMPUTING .
CLAUSE ONE – OBJECT
1.1 The purpose of this Agreement is the contracting by the CONTRACTOR of the cloud computing infrastructure management interface service, hereinafter referred to as “CLOUD8 SERVICE”, provided by the CONTRACTOR, according to the Plan modality chosen by the CONTRACTING PARTY.
1.1.1 It is solely and exclusively for the CONTRACTED PARTY to determine if there will be different Plans, how many will be and what the characteristics of each one. The CONTRACTOR may, at any time, create new Plans and discontinue existing Plans, as well as change the characteristics of a Plan.
1.2 The use of the services provided in this Agreement depends on the CONTRACTOR contracting the CLOUD COMPUTING INFRASTRUCTURE SERVICE with a SUPPLIER of this service among those compatible with the CLOUD8 SERVICE. The list of compatible suppliers can be found in a specific link at http://www.cloud8.com.br
1.2.1 The choice of the SUPPLIER, the contracting of this service and the payment of the amounts due to the SUPPLIER shall be the sole responsibility of the CONTRACTING PARTY.
1.2.2 The provision of any type of cloud computing or Internet content hosting infrastructure shall not be the subject of this Agreement.
CLAUSE TWO – USER CODE AND PRIVATE PASSWORDS
2.1. The CONTRACTING PARTY will indicate or receive a user code (unique in the registry of the CONTRACTOR) and will create a private password of a confidential nature, which will function as your identification and access key to use the resources contracted together with the CONTRACTOR. The private passwords may be changed by the CONTRACTING PARTY, who will be responsible for their confidentiality.
2.2. The user codes and their private passwords are non-transferable and can not be object of any commercialization or assignment of use, and the CONTRACTOR is fully responsible, without any solidarity with the CONTRACTED PARTY, for the use of its private code and its private password .
2.3. In case of misuse by the CONTRACTING PARTY or third parties of the user code or private password, the CONTRACTED PARTY may terminate, without prior notification, this Agreement, without the CONTRACTING PARTY or third parties being entitled to any type of indemnification or compensation.
CLAUSE THREE – REGISTRATION DATA
3.1 The CONTRACTING PARTY shall provide to the CONTRACTED PARTY necessary data for registration, committing to provide true, correct, current and complete information about itself, being civilly and criminally responsible for this information.
3.2 The CONTRACTING PARTY expressly authorizes the registration mentioned in the previous clause to be made and maintained by the CONTRACTED PARTY, as well as authorizing the CONTRACTED PARTY to provide the information contained in said register (i) to the competent public authorities that request them formally, (ii) domain registration bodies, and (iii) its strategic, commercial or technical partners, in order to offer better conditions of products and / or resources to the CONTRACTING PARTY.
3.3 The CONTRACTING PARTY shall inform the CONTRACTOR whenever changes occur in the registration information, including, but not limited to, any change in the address to which the payment tickets should be sent, as well as changes in telephone numbers, e-mails or name of the contact person, who must be informed in any of the means made available by the CONTRACTOR, as stated in a specific link at http://www.cloud8.com.br.
CLAUSE FOUR – REMUNERATION, PAYMENT CONDITIONS, ADJUSTMENT AND RENEWAL
4.1. The form of compensation payable by the CONTRACTING PARTY to the CONTRACTED PARTY for the provision of the CLOUD8 SERVICE shall be that indicated in the Plan contracted by the CONTRACTING PARTY, on the contracting page of the product.
4.1.1. In the case of a Plan where the charge is made on demand, the monthly remuneration due by the CONTRACTING PARTY to the CONTRACTOR shall be composed of the sum of the following installments: (i) fixed part, which shall entitle the CONTRACTING PARTY to use a certain volume of the CLOUD SERVICE8 , as defined on the product contracting page; and (ii) variable part, corresponding to a certain value per hour of use of the services that surpasses the franchise covered by the fixed part, as defined in the contracting page of the product. The value of the variable part is charged whenever the CONTRACTOR uses the service at a certain time in the calendar, regardless of the number of minutes or seconds that was actually used at that particular time.
4.1.2 The CONTRACTING PARTY may change the Contracted Plan, at any time, through the CONTROL PANEL. In this case, the values of the fixed and variable parts will be charged in proportion to the duration of each Plan.
4.1.3 The amount indicated in the Plan will be increased by the values referring to optional and / or additional items that have been contracted by the CONTRACTING PARTY, according to the values established in the contracting page of such items.
4.1.4 The CONTRACTOR may, in its sole and exclusive discretion, in order to allow the CONTRACTING PARTY to know the CLOUD SERVICE8, to provide the services object of this contract without collecting the remuneration provided for in this clause during a certain period. The gratuitousness of the provision of services only removes and only the obligation of payment by the CONTRACTING PARTY, both parties must comply, during the period of gratuity, all other clauses and conditions of this contract.
4.1.5 In the event of provision of services under sub-clause 4.1.4, the CONTRACTING PARTY shall, if he / she wishes to continue the provision of services, choose the Plan that suits him / her during the period in which the services are provided free of charge . The remuneration provided for in this clause shall begin on the day on which the CONTRACTING PARTY makes such choice. In case the CONTRACTOR does not make any choice within the period of gratuitousness of provision of the services, at the end of this CLOUD8 SERVICE will be immediately deactivated and this contract will be terminated, without the need for any communication from one party to the other.
4.2 The payment of the remuneration will be made according to the option made by the CONTRACTING PARTY, among the following, as provided by the CONTRACTOR: (i) bank slip; (ii) credit card; (iii) current account debit; or (iv) UOL PagSeguro. According to the option chosen by the CONTRACTING PARTY this expressly declares, from now on, to agree that the CONTRACTOR will debit your credit card or checking account, at the frequency of payment mentioned on the offer page related to the service object of this Agreement.
4.2.1 In case the CONTRACTING PARTY chooses the payment options by credit or debit card in the current account, in case of impossibility of the debt, the CONTRACTED PARTY reserves the right to issue against the CONTRACTING PARTY a bill to collect the Plan, including in the ticket a to cover the expenses related to this form of payment.
4.2.2 If the CONTRACTING PARTY chooses to pay by bank transfer, he / she will be obliged to pay a fee to cover the expenses related to this form of payment. Failure to receive the ticket does not exempt the CONTRACTOR from payment on time, and the CONTRACTING PARTY can access the information for payment in the CONTROL PANEL.
4.3 The present will be automatically renewed with the payment of the compensation.
4.3.1 If any changes are made to the clauses and conditions of this agreement, as provided in sub-clause 11.9 below, the amended clauses and conditions shall be governed by the agreement entered into as of the first automatic renewal subsequent to the registration of the new text pattern.
4.4 In case of non-payment of the remuneration on the scheduled date, the CONTRACTING PARTY will incur in: (i) default interest of 1% (one percent) per month on the total amount of the debt duly updated pursuant to item (ii) calculated from the date of maturity to the date of actual payment; (ii) monetary restatement calculated from the date of maturity to the date of payment, by the IGP-M (General Market Price Index), calculated by Fundação Getúlio Vargas, in the same period; if such index is extinguished, the official index that replaces it will be adopted or, failing that, another index that contemplates the loss of purchasing power of the Brazilian currency; and (iii) 2% (two percent) fine, calculated on the amount of debt duly restated pursuant to item (ii) above.
4.5 The delay in payment for a period equal to or greater than 05 (five) calendar days shall imply the suspension of the CLOUD SERVICE8. If the delay in payment is equal to or greater than 30 (thirty) calendar days, the CONTRACTOR may terminate this Agreement, without prejudice to the collection of defaulted amounts.
4.5.1 In case of suspension of the CLOUD8 service, the services will be released within 72 working hours after proof of payment of the total debt.
4.6 Failure to use the Plan does not imply automatic cancellation of this Agreement, and the CONTRACTOR shall pay the contracted amounts on a regular basis and be subject to the possible consequences of its non-payment.
4.7 The CONTRACTED PARTY can only make adjustments in the prices of services in periods equal to or greater than 12 (twelve) months, counted from the date of the last adjustment made, according to the variation of the IGP-M / FGV in the period. The parties declare that the last adjustment made in the values of the prices of the services occurred on the date stated in the page of offers of the Plans object of this Contract.
CLAUSE FIVE – OBLIGATIONS OF THE CONTRACTING PARTY
5.1 Without prejudice to the other obligations set forth in this Contract and in the law, the CONTRACTING PARTY undertakes to:
5.1.1 Pay promptly the remuneration due for the use of the services contracted herein, under penalty of suspension and / or termination of this Agreement.
5.1.2 Administer, in an exclusive character and without any solidarity with the CONTRACTED PARTY, the user code and the respective private password, fully assuming any and all responsibility for their use, as well as for actions carried out through them, including, but not limited to, not limited to, economic charges resulting from such use, especially in connection with loss of data, virus contamination, network intrusion, data or information theft, sending offensive and / or inconvenient electronic messages to other Internet users and other conduct that may harm other users and / or systems connected to the Internet, as well as any other actions that are in disagreement with the current legislation.
5.1.3 To contract the INFRASTRUCTURE SERVICE OF CLOUD COMPUTING with SUPPLIER compatible with the CLOUD8 SERVICE, being responsible for the choice of the characteristics and functionalities of the INFRASTRUCTURE SERVICE OF CLOUD COMPUTING and for the payment of the amounts owed due to such services directly to the SUPPLIER .
5.1.4 Administer and manage the operating system as well as the software included and necessary for the full operation of the Cloud Computing servers connected to the chosen CLOUD COMPUTING INFRASTRUCTURE SERVICE.
5.1.5 Refrain from making use of the CLOUD8 SERVICE and other services contracted with third parties, which are related to the services object of this Agreement (such as the CLOUD COMPUTING INFRASTRUCTURE SERVICE, hosting service, domain maintenance, or any other) to propagate or maintain content that: (a) violates law, morality, good manners, intellectual property, rights to honor, privacy, image, personal and family intimacy; (b) encourage the practice of conduct that is unlawful or contrary to morality and good manners; (c) incite the commission of discriminatory acts, whether on the basis of sex, race, religion, beliefs, age or any other condition; (d) make available or permit access to illegal, violent, pornographic, degrading messages, products or services; (e) send collective e-mail messages (spam) by offering products or services of any nature, own or third parties, that are not in the interest of the recipients or that do not have the express consent of them; (f) induce or induce an unacceptable state of anxiety or fear; (g) induce or incite dangerous, hazardous or harmful practices for the health and psychic balance; (h) are false, ambiguous, inaccurate, exaggerated or extemporaneous in a way that might mislead the subject or the intentions or purposes of the communicator; (i) violate the confidentiality of communications; (j) constitute unlawful, misleading or unfair advertising, or that constitute unfair competition; (k) peddle, incite or stimulate pedophilia; (l) incorporate viruses or other physical or electronic elements that may damage or impede the normal operation of the network, system or computer equipment (hardware and software) from third parties or that may damage electronic documents and files stored on such computer equipment ( m) obtain or attempt to gain unauthorized access to other computer systems or networks, (n) reproduce, sell or distribute products without proper authorization and payment of copyright.
5.1.6 To assume fully, without any solidarity of the CONTRACTED PARTY for whatever reason, the responsibility for all data, files, software, programs and / or content that will host the server (s) displayed in the CONTROL PANEL, as well as for the services and information that it provides, from the resources and services that are the object of this Agreement. In this way, the CONTRACTING PARTY assumes full and exclusive administrative, electoral, civil and criminal responsibility for all hosted data, as well as for the content that will be made available on the Internet, and shall be responsible for all damages and losses that the misuse of contracted services CONTRACTOR and / or third parties. As the CONTRACTOR is compelled to participate in any judicial or administrative proceedings related to the responsibility of the CONTRACTING PARTY, the CONTRACTING PARTY is obligated to reimburse the CONTRACTED PARTY for the legal and financial charges in which the CONTRACTOR is to incur, without prejudice to any losses and damages.
5.1.7 Considering that the management of the server (s) is the responsibility of the CONTRACTING PARTY, the CONTRACTING PARTY shall be guarded against loss of data, misuse of information, or any other damages or related damages, and the CONTRACTOR shall not be liable under any circumstances for damages and losses arising from the improper use of the CLOUD8 SERVICE or the CLOUD COMPUTING INFRASTRUCTURE SERVICE.
5.1.8 Perform and maintain backup copies of the data hosted by CLOUD COMPUTING INFRASTRUCTURE SERVICE.
5.1.9 Ensure that the chosen Plan will meet its demand, since only the CONTRACTOR is fully aware of the destination of the contracted product, so that the CONTRACTING PARTY will be exclusively responsible for making the necessary adjustments, whenever appropriate, to increase or decrease contracted capacity.
5.1.10 Ensure that the CONTROL PANEL data is always synchronized with the CLOUD COMPUTING INFRASTRUCTURE SERVICE data, since only then will the correct and effective operation of the tools built into the CLOUD8 SERVICE be possible.
5.1.11 Test and ensure that the backup created by the CLOUD COMPUTING INFRASTRUCTURE SERVICE from the CLOUD8 SERVICE CONTROL PANEL works according to the CLIENT’s expectation, and make sure that the back-ups whose call has been programmed from the CLOUD8 SERVICE were performed satisfactorily.
5.2 The CONTRACTING PARTY assumes, exclusively, without restrictions or reservations, all the liabilities and liabilities arising from its acts and conduct as a user of the Internet and the INFRASTRUCTURE SERVICE OF CLOUD COMPUTING, being responsible for the use of the resources contracted.
5.3 The CONTRACTING PARTY undertakes to refrain from using CLOUD8 SERVICE in order to carry out any practice that may cause prejudice to the regular functioning of the CLOUD COMPUTING INFRASTRUCTURE SERVICE, including, but not limited to, the use of data transfer volume, processing and memory that affects the stability of the server, among other hypotheses foreseen in a contract entered into with the SUPPLIER of said services, under penalty of immediate suspension of the contracted independent plan of notification.
CLAUSE SIX – RESPONSIBILITES OF THE CONTRACTOR/CONTRACTED PARTY
6.1 Without prejudice to the other obligations set forth in this Agreement, the CONTRACTOR undertakes to:
6.1.1 Keep the CLOUD8 SERVICE available 24 (twenty-four) hours a day, seven (7) days a week, and there may be interruptions or suspensions due to: (a) maintenance of a technical / operational nature; (b) acts of God or force majeure; (c) actions of third parties that prevent the use of resources; (d) lack of electricity supply for long periods of time (blackout); (e) interruption or suspension of the services of telecommunication service providers. In such cases, the CONTRACTOR shall, whenever possible, inform the CLIENT about the possibility or occurrence of interruptions or failures.
6.1.2 Keep contracted services running with performance and responsiveness to the CONTRACTING PARTY.
6.1.3 Provide support for the tools provided through helpdesk, available in a specific link at http://www.cloud8.com.br.
6.1.4 CONTRACTOR does not endorse the content of any user communications and content posted on the internet, and therefore is not responsible for any illegal and / or defamatory material, violates privacy rights, or is abusive, threatening, obscene , discriminatory, injurious or otherwise objectionable or, in addition, that infringes or may infringe any right.
6.1.5 The CONTRACTOR is not responsible for the CLOUD COMPUTING INFRASTRUCTURE SERVICE provided by the SUPPLIER.
6.1.6 The CONTRACTOR is not responsible for the software required to access the CLOUD COMPUTING INFRASTRUCTURE SERVICE.
6.1.7 The CONTRACTOR shall not be responsible for the management and administration of the operating system and / or applications installed on the server (s) created and administered by the CONTRACTOR together with the CLOUD COMPUTING INFRASTRUCTURE SERVICE and managed by the use of the CLOUD SERVICE8.
6.1.8 The CONTRACTOR is not responsible for the integrity of the backup in the INFRASTRUCTURE SERVICE OF CLOUD COMPUTING, being only responsible for executing the call of backup realization, therefore it is not possible to guarantee that it was done correctly.
6.1.9 Because of the complexity and impossibility of being free from defects in computer systems, by their very nature, the parties agree that the CONTRACTOR shall not be liable under any circumstances for any invasion or alteration of the CONTRACTING PARTY data, resulting from the action including, but not limited to, hackers and / or crackers.
6.2 The obligation set forth in sub-clause 6.1.1 shall cover at least 99.5% (ninety-nine and one-half per cent) of the period in which the CLOUD COMPUTING INFRASTRUCTURE SERVICE provided by the SUPPLIER is in operation. Therefore, for the calculation of the availability commitment provided in this clause, any period in which the CLOUD8 SERVICE is unavailable due to unavailability of the CLOUD COMPUTING INFRASTRUCTURE SERVICE, nor periods in which there were problems of network connectivity, is not considered.
6.3 The CONTRACTED PARTY shall not be liable for any consequences, damages or losses that may be caused to the CONTRACTING PARTY or to third parties, due to (i) any failures or unavailability of the COULD COMPUTING INFRASTRUCTURE SERVICE, (ii) (iii) discontinuations made by the SUPPLIER OF THE INFRASTRUCTURE SERVICE OF CLOUD COMPUTING, whether or not they were motivated by the CONTRACTOR’s action or omission, (iv) technical support of specific issues related to the SERVICE CLOUD COMPUTING INFRASTRUCTURE SERVICE, (vi) CLOUD COMPUTING INFRASTRUCTURE SERVICE performance, (vi) errors or bugs in CLOUD COMPUTING INFRASTRUCTURE SERVICE SUPPLIER APIs that may provide incorrect information or do not perform the intended actions in a correct, (vii) security problems in the CONTRACTOR’s applications, (viii) any (ix) failures, unavailability or loss of performance in the connectivity service between networks on the Internet, especially between CLOUD8 and the CLOUD COMPUTER INFRASTRUCTURE SERVICE PROVIDER, whether national or foreign. CLOUD COMPUTING INFRASTRUCTURE SERVICE, between the CONTRACTOR and CLOUD8 and between the CONTRACTOR and the CLOUD COMPUTING INFRASTRUCTURE SERVICE.
6.4 The CONTRACTOR does not control the contents transmitted, processed, disseminated or made available to third parties by the CONTRACTING PARTY in the use of the CLOUD SERVICE8, nor in the use of the CLOUD COMPUTING INFRASTRUCTURE SERVICE. However, if the CONTRACTOR detects or is notified of any conduct and / or method of the CONTRACTING PARTY contrary to the provisions of this Agreement, CONTRACTOR, in its sole discretion, will immediately suspend and / or cancel this agreement, regardless of notification and without prejudice to the collection of any losses and damages before the CONTRACTING PARTY.
CLAUSE SEVEN – SOFTWARE LICENSE
7.1 In order to perform the services contracted herein, the CONTRACTOR hereby grants the CONTRACTING PARTY, on a non-exclusive and non-transferable basis, for a consideration, a license to use the software owned by CONTRACTOR, entitled “Cloud8 Software” (hereinafter “SOFTWARE “), In order for the CONTRACTOR to use it via the Internet, respecting the terms of this Agreement.
7.1.1 The license of use hereby granted is in the form known worldwide as A.S.P. – “Application Service Provider”.
7.1.2 The CONTRACTOR may make available to the CONTRACTING PARTY, license to use other software owned by him and / or third parties (in this case, the CONTRACTING PARTY will be granted a sublicense of the use of the software), in any case in a non-exclusive, non-transferable and onerous, by applying to such licenses the provisions of this clause and of this Agreement.
7.1.3 The CONTRACTING PARTY is fully responsible for the information included in the SOFTWARE, for the registration, permissions, passwords and way of use of its users, as well as for the use of the SOFTWARE, under the terms set forth in the other clauses of this Agreement.
7.2 All clauses of this Agreement, in particular those provided for in the Second, Fifth and Sixth Clauses, shall apply to the use of the SOFTWARE.
7.3 The CONTRACTING PARTY is prohibited from using the SOFTWARE (or other software that may be sublicensed to the CONTRACTING PARTY according to sub-clause 7.1.2) for any purpose other than that expressly provided for in this Agreement, being forbidden, in particular:
a) Use of the SOFTWARE outside the conditions set forth in this Agreement;
b) Translate, reverse engineer, decompile, copy images, codes or any parts of the SOFTWARE for use outside of it;
c) Rent, lease, assign, assign, sublicense or transfer the SOFTWARE;
d) Modify the SOFTWARE or merge all or any of its parts with another program;
e) Remove or change any copyright notice, trademark, or other proprietary notices placed on or in part of the SOFTWARE;
f) Under no circumstances will the CONTRACTING PARTY have access to the source code of the SOFTWARE, as it is the intellectual property of the CONTRACTED PARTY.
7.4 All materials, software, brands, technologies, names and programs transmitted by CONTRACTOR (except for software expressly identified as being in the public domain) are protected by copyright and are the exclusive property of CONTRACTOR or third party licensors. Any violation of these rights by the CONTRACTING PARTY or by a third party using your user code and passwords will be the sole responsibility of the CONTRACTING PARTY, and the CONTRACTOR is authorized to take all legal measures to ensure their protection, including the suspension and / or cancellation of the contracted service, regardless of prior notification.
CLAUSE EIGHT – TECHNICAL SUPPORT
8.1 The Technical Support provided to the CONTRACTING PARTY is limited to clarifications on the operation of the CLOUD8 SERVICE and its operation, therefore, it is assumed that advanced information technology by the user (s) is assumed, which includes the use of the computer and its functions, the use of the operating system under which the system will work, as well as knowledge of the CLOUD COMPUTING INFRASTRUCTURE SERVICE, its form of operation and the inherent functionalities. An adequate configuration of the servers of the CLOUD COMPUTING INFRASTRUCTURE SERVICE is also assumed.
8.1.1 The Technical Support will be carried out through chat or service via email, through a link or specific electronic address indicated at the electronic address www.cloud8.com.br
8.2 The Technical Support provided by the CONTRACTOR does not cover the connection to the internet, internal network and computers of the CONTRACTOR, nor specific questions related to the INFRASTRUCTURE SERVICE OF CLOUD COMPUTING that are not contemplated by the CONTRACTOR.
CLAUSE NINE – DURATION AND TERMINATION
9.1 This instrument shall be in force for the term established for the Plan contracted by the CONTRACTING PARTY, automatically renewing itself for equal and successive periods with the payment of the remuneration pursuant to sub-clause 4.3.
9.2 The CONTRACTOR shall express his / her disinterest in the renewal of the contract with 30 (thirty) days in advance of the date foreseen for the renewal.
9.3 In the case of Plans with validity of more than 30 (thirty) days, the CONTRACTOR may request early cancellation of the Plan, and shall inform the CONTRACTOR at least 30 (thirty) days prior to the scheduled date of cancellation.
9.3.1 The CONTRACTING PARTY may normally use the CLOUD8 SERVICE during the notice period.
9.3.1 The CONTRACTING PARTY shall be entitled to reimbursement of the amounts paid in proportion to the unused period of the Plan, less the amount of the early termination penalty described on the offer / promotion page of the Plan contracted, monetarily corrected at the time of payment.
9.3.2 If it is not possible to deduct the amount of the fine from the amount to be reimbursed to the CONTRACTING PARTY, the fine will be automatically charged by issuing an invoice against the CONTRACTING PARTY.
9.4 In case the CONTRACTING PARTY requests cancellation of the Plan or termination of this Contract before the expiration or extension period, the CONTRACTING PARTY agrees to settle and settle, immediately, any existing debts and pending, related to periods already made available and not yet paid, without prejudice to the eventual payment of a fine for early termination described on the offer / promotion page, interest and monetary restatement.
9.5 In addition to the cases of termination provided for in this Agreement, the Parties may terminate this Agreement at any time in the event of a request for judicial recovery, bankruptcy or insolvency of either party.
9.6. In the cases described in this contract in which there is prior notification, the CONTRACTING PARTY shall have 05 (five) calendar days to remedy the infraction pointed out. If, after this period, the infraction persists, the Contract will be terminated by right.
9.7 The CONTRACTOR declares to be aware that, with the cancellation of the provision of the CLOUD8 SERVICE, for any reason, all content, such as, but not limited to, any file, content, information or data stored by the CONTRACTING PARTY connected to the SERVICE CLOUD8 will be automatically erased, without possibility of recovery and without this generating any burden to the CONTRACTOR or indemnification right to the CONTRACTING PARTY. The CONTRACTOR shall not be responsible for any files, documents, emails, data or any other types of information that are stored in the CONTRACTOR.
9.8 In the event that the CONTRACTING PARTY cancels the main contracted service, for any reason, all other additional optional services and plans that may be contracted will be canceled immediately, leading to the removal of data provided in the previous clause.
CLAUSE TEN – LIABILITY
10.1. Under no circumstances shall CONTRACTOR be liable for direct damages, loss of profits, loss of revenue and / or indirect damages caused to CONTRACTOR or to third parties, such as, but not limited to, loss of revenues or business opportunities, loss of data, non-performance back-up or incorrect performance of the same, actions filed against CONTRACTOR or third parties for damages related to contracted services.
10.2. The CONTRACTOR shall not be responsible for any discontinuance of access to contracted services due to failures caused by unforeseeable circumstances or force majeure, faults or problems of compatibility between the applications; defects in the products or services of third parties, including failures in the CLOUD COMPUTING INFRASTRUCTURE SERVICE or failures in the services of operators connected to your network or the network of the CLOUD COMPUTING INFRASTRUCTURE SERVICE SUPPLIERS, or problems related to the technology employed that were not viruses, or by misuse, negligence, fault or omission by the CONTRACTING PARTY or third parties.
10.3. The parties declare and warrant that no equipment used by them under this Agreement shall infringe any patent, copyright, trade secret or any other intellectual property rights of the other party or any third party, nor interfere with the operation of the equipment or resources of the CONTRACTOR.
CLAUSE ELEVEN – GENERAL DISPOSITIONS
11.1. The parties acknowledge that the nullity or invalidity of any of the contractual clauses shall not affect the validity and effectiveness of the other clauses and of the Contract itself.
11.2. The tolerance, by either party, for non-compliance with the conditions set forth herein shall be mere liberality and shall not be relied upon as a contractual novation or waiver of rights.
11.3. This Agreement is irrevocably and irrevocably signed, obliging the parties, as well as their heirs and successors, under any title.
11.4. The parents or legal representatives of the minor, as the case may be, shall be liable for acts done by him or her in the use of the resources subject to this Agreement, including any damages caused to third parties, practices prohibited by law and the provisions of this Agreement .
11.5. This Agreement shall be governed by Brazilian law.
11.6. The CONTRACTOR shall, at the time of the contracting of the CLOUD SERVICE8, indicate whether it agrees that the CONTRACTOR sends any email messages of an informative nature, referring to specific communications inherent to the object of this Agreement and / or any resource, offer or product offered by the CONTRACTED PARTY.
11.7 The CONTRACTOR may assign and transfer, in whole or in part, this Agreement, or any rights arising therefrom, without the prior written consent of the other party.
11.8 The parties agree that all information obtained by virtue of this instrument is confidential and is protected by the obligation of confidentiality, and may not be disclosed to third parties, except in the cases provided for in this Agreement, as well as in case of a court order of any kind and / or determination of public authorities in order to clarify facts, situations or to instruct investigation, investigation or denunciation.
11.9. Since the present contract is exclusively concluded by electronic means, so there is no signed contractual route, in order to ensure full access and guarantee of knowledge of the CONTRACTOR as to the clauses and conditions governing the present hiring, as well as for publicity effect and knowledge of third parties, this standard agreement and its subsequent amendments are registered at the Registry of Deeds and Documents of the City of São Paulo, State of São Paulo, and the registration number of the contractual version in force and date thereof shall be included in the contract displayed on the electronic address www.cloud8.com.bre will be mentioned in the payment tickets, confirmation e-mails of payment by credit card or other form of communication to the CONTRACTING PARTY regarding the payment of the amounts due as a result of this Contract.
11.9.1 The CONTRACTED PARTY may promote changes in the standard clauses and conditions of contracting, by registering a new standard contract that will replace the previous one, applying the provisions of subclause 4.3.
11.10. The CONTRACTOR expressly declares and warrants to acknowledge that this Agreement is formalized by binding the parties, BY CLICKING THE “AGREEMENT” BUTTON THAT WILL APPEAR AFTER THE SCREEN OF THIS AGREEMENT, and that you have read and are aware and fully agree with all terms conditions of this Agreement.
11.11. The service channel available to the CONTRACTING PARTY is the online service via chat or by email in a specific link available at http://www.cloud8.com.br. Such service channels may be changed at any time by the CONTRACTOR, upon prior communication to the CONTRACTING PARTY.
11.12. In no case shall the present engagement give either party the right or authority to represent the other before any third party.
11.13. The parties shall not be liable for failure to perform their obligations under this Agreement as a result of unforeseeable events or force majeure events that temporarily or permanently prevent the fulfillment of any of these obligations.
11.14. The Parties elect the jurisdiction of the District of the Capital of the State of São Paulo as competent to resolve any doubts arising from this instrument, to the exclusion of any other, however privileged it may be.
CLOUD8 SERVICOS DE INTERNET LTDA.
(This agreement was registered in the 2nd Registry of Deeds and Documents of Sao Paulo, under number 3.510.814 and is also available for download in PDF)