Corporate Email
Email marketingIf you enter into this agreement on behalf of a company or other legal entity, it will be represented solely by the person vested with the authority to bind such company or entity to the following terms and conditions, in which case the terms and conditions refer to such company or entity. By clicking ‘I ACCEPT,’ you agree that these terms will apply if you decide to access or use the service.
As a provider of web hosting, Internet access, software services, and telecommunications services, Netquatro Inc, duly registered in the United States of America under EIN: 32-0714557, hereinafter referred to as ‘Netquatro,’ will provide the Customer, hereinafter referred to as ‘You, Subscriber, and/or User,’ the use of ‘Net4CMS,’ hereinafter referred to as ‘The Service.’ Your registration or subscription to the Service will be considered your acceptance to comply with this contract, including all materials available on the Netquatro website referenced in this contract. This includes, among others, Netquatro’s usage, privacy, and security policies for its customers (subscribers) and users, which support and explain the terms of each customer’s service agreement and serve as guidance for the rights and obligations of the customer.
These policies will be reviewed periodically, and it is determined that the use of any of Netquatro’s services by customers, once the policies have been updated, will constitute an acceptance by them of any added or modified terms or conditions.
DEFINITIONS.
For the purposes of this contract, Netquatro’s usage, privacy and security policies, and other regulations and laws governing the subject matter, the following terms shall have the meanings indicated:
Content: Any information that may be generated or found through the use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages, and any material of this kind.
Third party: Means any person or entity other than Netquatro or an employee, agent, contractor, or representative of Netquatro.
SPAM: Refers to unsolicited or unwanted messages considered as spam or unwanted advertising.
IP Address: A number that logically and hierarchically identifies a network interface (communication/connection element) of a device (computer, tablet, laptop, smartphone) using the IP (Internet Protocol) protocol, corresponding to the network level of the TCP/IP model.
Spoofing: Identity spoofing, in terms of network security, refers to the use of techniques through which an attacker, generally with malicious or research purposes, pretends to be a different entity by falsifying data in communication.
Hacking: The constant pursuit of knowledge related to computer systems, their security mechanisms, vulnerabilities, ways to exploit these vulnerabilities, and mechanisms to protect oneself from those who know how to do it.
Black Lists: Blacklists were created to help companies and individuals deal with unwanted messages, spam. These lists group emails, IP addresses, or domains that were previously reported as disseminators of spam (unwanted advertising).
Incoming Migrations: Refers to the action of importing an app from an external provider to Netquatro.
Outgoing Migrations: Refers to the action of exporting an app from Netquatro to another provider.
SMTP: The acronym ‘SMTP’ stands for Simple Mail Transfer Protocol, the procedure that allows the transport of email over the Internet.
IMAP: (Internet Message Access Protocol) is a system that allows our email program to connect to our email account and view the messages stored there. Emails remain on the server so they can be viewed from other devices and programs.
POP: Post Office Protocol (POP3, Protocol of the Post Office or ‘Protocol of the Postal Office’) is used in local email clients to retrieve email messages stored on a remote server, called the POP Server. It is an application layer protocol in the OSI Model; this protocol inherently downloads emails from the server to the device.
Microsoft Exchange Server: Proprietary collaboration software developed by Microsoft. It is part of the Microsoft Server family as it is one of the applications intended for server use.
Customer area: Refers to the area designated by Netquatro in the cloud for the client to consult their invoices, support emails, administration, active products, service management, or any other activity inherent to the use of the services offered by Netquatro.
Software: Refers to the logical or logical support equipment of a computer system, which comprises the set of logical components necessary to perform specific tasks, that is, the set of programs, instructions, and computer rules of which a computer or computer is mainly composed.
Hardware: Refers to the tangible physical parts of a computer system; its electrical, electronic, electromechanical, and mechanical components. Cables, cabinets or cases, peripherals of all kinds, and any other physical element involved, that is, the set of components that make up the material part of a computer.
Download: In computing, ‘download’ is used synonymously with ‘lower,’ and ‘download’ is a term that comes from English, composed of ‘down,’ which means ‘down,’ and ‘load,’ indicating ‘loading.’ This refers to a copy of data that is usually an entire file that can be documents, audios, videos, programs, etc.
Upload: Uploading or ‘upload’ is transmitting data from a computer to a forum, network, etc. For example, if you use a personal computer to access a network and want to send files through the network, you must upload the files from your computer to the network.
Cloud Computing: Cloud computing, also known as cloud services, cloud computing, computing concepts cloud or simply ‘the cloud,’ is a paradigm that allows the offering of computing services over a network, which is usually the Internet.
APP: An abbreviation referring to a application.
Key Account Manager (KAM): Refers to the person responsible for managing key (VIP) accounts of the organization (in this case, Netquatro), that is, customers.
Android: The operating system for mobile devices by Google.
iOS: The operating system for mobile devices by Apple.
USE OF THE SERVICE
YOUR ACCOUNT IN CUSTOMER AREA
Every customer must register at least one (1) user in the Netquatro client area to receive notifications from Netquatro corresponding to the contracted service, as well as any information of interest to the customer and/or user.
SECURITY OF “Net4CMS”
The user of the ‘Net4CMS’ Service should not disclose the information of their Account to anyone else. The user is solely responsible for maintaining the confidentiality and security of their Account and all activities that occur on or through their Account. The user also agrees to immediately notify Netquatro of any security breach in their Account. It is also acknowledged and accepted that the Service is designed and intended for personal use on an individual basis, and the user should not share their Account information or password with anyone. Netquatro will not be responsible for any loss resulting from unauthorized use of the Account due to the customer, subscriber, or user’s failure to observe these rules.
The security rules described in the previous paragraph will apply equally to accounts registered in the client area of Netquatro.
USAGE LIMITATIONS.
You agree to use the Service solely for the purposes permitted by this Agreement and exclusively to the extent allowed by any legislation, regulation, or commonly accepted practice of the applicable jurisdiction.
If your use of the Service or other behavior intentionally or unintentionally jeopardizes Netquatro’s ability to provide the Service or other systems, Netquatro has the right to take all reasonable measures to protect the Service and Netquatro’s systems, which may include suspending your access to the Service. Repeated offenses may result in the cancellation of your Account.
The creation of the app is for the client’s direct use; resale of the app is not allowed.
SERVICE RESALE.
To be able to resell the ‘Net4CMS’ Service, as well as any other Netquatro service, the client must register in the ‘Partnership Program,’ whose characteristics and benefits are available on the Netquatro website.
GENERAL PROHIBITIONS ON USE.
You agree NOT to use the Service to:
a. Upload, download, post, email, transmit, store, or otherwise make available any Content that is illegal, harassing, threatening, harmful, malicious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of a third party’s privacy, hateful, racially or ethnically offensive, or offensive in any other way;
b. Spy, harass, threaten, or harm others;
c. If you are an adult, solicit personal or other information from a minor (anyone under 18 years of age or the age defined as a minor by local law) who does not know you personally, including, among others, the following: full name or last name, address, zip code, phone number, photograph, or the names of the minor’s school, church, athletic team, or friends;
d. Impersonate another person or entity; you may not falsify or impersonate the identity of another person (including famous personalities), entity, another Netquatro user, Netquatro employee, civic or government leader, or falsify the identity of your affiliation by another person or entity (Netquatro reserves the right to reject or block any Account that may be considered impersonation or fraudulent representation of your identity or misappropriation of the name or identity of another person);
e. Engage in any infringement of copyright or any other infringement of intellectual property (including uploading any content that you do not have the right to upload), nor disclose any trade secret or confidential information that infringes a confidentiality, employment, or non-disclosure agreement;
f. Post, send, transmit, or otherwise make available any unsolicited or unauthorized emails, advertising, promotional material, mass mailings, spam, or chain letters, including, among others, mass commercial advertising and informative ads;
g. Falsify any TCP-IP packet headers or any part of header information or a post in a newsgroup, or otherwise put information in a header to make recipients believe that the origin of the Content transmitted through the Service is another (‘spoofing’);
h. Upload, post, email, store, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to harm, interfere with, or limit the normal operation of the Service (or any part of it), or any other software or hardware;
i. Interfere with or disrupt the Service (including access to the Service through any automated means, such as scripts or web crawlers), or any server or network connected to the Service or any policy, requirement, or regulation of a network connected to the Service (including unauthorized access, use, or monitoring of data or traffic);
j. Use emails, IP addresses, or domains reported and included in blacklists (Black Lists) through the Service;
k. Plan or engage in any illegal activity; or
l. Collect and store personal information about any other user of the Service for use in connection with any of the prohibited activities mentioned above.
If the customer (subscriber) or user incurs in one or more of the situations described in the aforementioned items, Netquatro reserves the right to temporarily or permanently suspend the Service as appropriate, without the right to reply and without the right to claim any refund or damages. The customer agrees to release Netquatro from any liability.
SERVICE
In terms of plans, for ‘Net4CMS,’ there is 1 plan, the VIP plan.
The VIP plan includes:
5 monthly hours for the layout of a website for 1 domain. It has a monthly value of 200 US dollars USD, excluding taxes. The monthly value includes website hosting in the cloud, monthly security updates, and updates indicated by the client, provided it is within the estimated time of 5 hours per month.
Layout hours are not cumulative. The plan does not include any development, programming, or coding.
Every month, we provide up to 20 images from our image bank. Any additional images will be quoted as an extra.
Four articles in Spanish related to topics of interest will be added to the website monthly to encourage new user visits to the website.
The service does not include advertising on Google or any other portal.
The service includes the domain to be used, provided its extension is .com.
The service includes an SSL security certificate for the website, automatic hourly monitoring service, chat software, and a dashboard with indicators.
At the end of the project, we will write a review on our blog about your project as a success story, linking to your website for visitors to access. We will request your testimonial for the review.
The service is prepaid. The client must make the payment in advance to activate the service.
The source code or software used by Netquatro in the application is not provided. The service includes its monthly use.
The client must assign a Project Manager, who will facilitate the content and approve the publications in the application.
The minimum contract duration is 1 year.
In case of modifications to the page, the client must indicate which sections or products they wish to update, providing the information.
The software used in the application is rented monthly. If the client does not make the timely payment, the licenses that allow the application to function properly will be deactivated.
Articles created for the blog are authored by Netquatro, and Netquatro authorizes the client to use them only while their service is active, under the rental modality. If the client wishes to cancel the service, Netquatro’s authorization for the use of those articles by the client, whether on their domain or any other domain, will also end. Unauthorized use by the client of any article or fragment authored by Netquatro will have legal consequences.
The client understands all the consequences that may result from canceling the service with Netquatro and releases Netquatro from any liability.
Netquatro will perform SEO adjustments on the page monthly.
Netquatro does not take photographs, videos, does not edit texts, nor retouch images. These are extra services in additional hours.
The included hosting plan is PRO, including 100 GB of space and 100 GB of traffic.
Traffic is defined as the amount of data uploaded to the server and the amount of data downloaded from it. Each visit generates traffic by viewing images, texts, etc. Each update on the page generates upload traffic. We provide a panel where you can view all these indicators.
Automatic monitoring will alert us if anything goes wrong with your website, and we review that alert to take corrective actions.
Video session requests are on demand or by prior request.
Depending on the website’s traffic, only a part of the sessions may be recorded each month.
Updates, maintenance, and corrections are carried out during office hours, 8 am to 5 pm GMT-5.
Project tracking and the history of tasks performed can be accessed through your client area.
The Net4CMS service does not include translations; the client must perform them, or it will be an additional service, priced for each translation individually.
Services not explicitly indicated in this contract are extra services.
Netquatro does not provide a refund or money back.
On the new website, Netquatro will add the logo, credits, and a link to the website as the creator of the website, subtly, without overshadowing the client’s brand.
In case the client is not satisfied with the result (this only applies to the VIP plan), the service payment will be suspended for Netquatro to make corrections. Once the client validates that the changes are to their liking, the service and payments by the client will be reactivated. If the website is already published, the client can choose to unpublish it, suspending payment to Netquatro entirely until making the appropriate corrections for the client’s satisfaction. If the client decides to keep it published, the service payment will be 50% of the listed price for the pro plan. The 50% payment corresponds to the use of the application while it is published, for hosting, traffic, maintenance, etc. This only applies if the client is not satisfied with the result.
If the client enjoys a discount or has a lower price than published on the website, the aforementioned case does not apply.
Netquatro prohibits the use of the website for mass email sending, obtaining user information without proper authorization, as well as any act outside the law.
The client accepts all responsibility for the use of the website and any claims that may arise, releasing Netquatro from any liability.
Netquatro and the client are independent companies, have no common business, are not subsidiaries, nor belong to the same group.
By paying the invoice, the client accepts the service conditions.
By entering their client area and using it, the client accepts the service conditions.
The minimum contract duration is 1 year.
The service is prepaid. The client must make the payment in advance to activate the service.
The source code or software used by Netquatro in the application is not provided. The service includes its monthly use.
Services not explicitly indicated in this contract are extra services.
Netquatro does not provide a refund or money back.
Netquatro prohibits the use of the website for mass email sending, obtaining user information without proper authorization, as well as any act outside the law.
The client accepts all responsibility for the use of the website and any claims that may arise, releasing Netquatro from any liability.
Netquatro and the client are independent companies, have no common business, are not subsidiaries, nor belong to the same group.
By paying the invoice, the client accepts the service conditions.
By entering their client area and using it, the client accepts the service conditions.
UPDATES.
Periodically, Netquatro may update the software used by the service. In order to continue using the service, such updates may be automatically installed on your device or computer. These updates may include error corrections, additions or improvements of features, or entirely new versions of the software.
CONTENT AND CONDUCT.
You understand that all content posted or transmitted privately through the Service is the sole responsibility of the person from whom such content originates. This means that you, and not Netquatro, are solely responsible for the content you upload, download, post, email, transmit, store, or otherwise make available through the use of the Service. You understand that, by using the Service, you may come across content that you find offensive, indecent, or objectionable, as well as expose other users to content that they may find objectionable. Netquatro does not control the content posted through the Service, nor does it guarantee the accuracy, completeness, or quality of such content. You understand and agree that you assume all the risks associated with your use of the Service and any content.
REMOVAL OF CONTENT.
You acknowledge that Netquatro is not responsible in any way for the Content provided by others and is not obligated to pre-screen such Content. However, Netquatro reserves the right to determine at any time whether the Content is appropriate and complies with the terms of this Agreement. Netquatro may pre-screen, move, refuse, modify, and/or remove Content at any time, without prior notice and at its sole discretion, if such Content violates this Agreement or is in any way objectionable.
CONTENT BACKUP
Netquatro will perform a daily backup of your website, storing 15 consecutive days of data in the ‘Net4CMS’ service. Any data restoration will incur an additional cost as defined in the Net4CMS additional services list. Netquatro will automatically delete backups older than 15 days.
OUTGOING MIGRATIONS.
You are responsible for any outgoing migration. Netquatro does not provide the source code of the application, so it is the client’s responsibility to secure their information before the expiration of the ‘Net4CMS’ service. Once the client notifies that they do not wish to renew, their information is deleted at the next expiration.
INCOMING MIGRATIONS.
Netquatro will request a series of data to initiate the migration, which will incur no additional cost. However, you must respond within a period of less than 10 consecutive days from your request. In the event of no response within this period, Netquatro reserves the right to cancel the migration service, attributing to the client the costs incurred for such work.
You are required to provide Netquatro with the necessary data for migration based on the origin and destination of the data. This includes access, passwords, source code, images, backups, server address where it is currently hosted. Additionally, you must communicate any information necessary for the progress of the migration.
EXCEPTIONS AND LIMITATIONS.
Migrations of contacts, calendars, notes, or any other particulars not specified in this contract are not included in the migration service.
Netquatro may change infrastructure (servers) and applications (Software) providers at any time. In such a case, Netquatro will perform the migration of services in accordance with the service level agreement (SLA).
FORCE MAJEURE.
Neither you nor Netquatro shall be responsible for performance errors due to causes beyond the reasonable control of both parties, such as fires, explosions, power outages, earthquakes, floods, storms, strikes, embargoes, labor disputes, acts of civil or military authority, wars, terrorism (including cyber terrorism), natural phenomena, acts or omissions of internet traffic operators, actions or omissions of government or regulatory agencies (including the approval of laws, regulations, or other government measures affecting the provision of Online Services). However, this section will not apply to your payment obligations under this contract.
SERVICE LEVEL AGREEMENT (SLA).
The Netquatro Service Level Agreement will be governed by the following: Netquatro guarantees that the Service will be available nine hundred and ninety-nine times out of one thousand access attempts, equivalent to (99.9%) in the current month. If this guarantee is not met at the end of the month, the amount representing the «non-availability» time will be credited in the next billing cycle, provided it is with the «Net4Monitor» system in «active» status, available on the Netquatro website, as all «non-availability» levels are determined by this system. There will be «non-availability» of the Service in the following events: (I) The Net4CMS network is down; (II) The Net4CMS files generate a server error response to an invalid user request for two (2) or more consecutive intervals of ninety (90) seconds each; (III) Failure of the Content Delivery Network to provide an average download time for a reference document. In the one per thousand (0.1%) «non-availability,» the time required for improvements to the «hardware» and/or any other updates inherent to the Service is not counted. Likewise, the following assumptions are excluded and do not contribute to «non-availability» calculations: a) for scheduled maintenance. «Scheduled maintenance» refers to maintenance that is announced in advance, and b) The «server error response» that refers to an HTTP status return code between 500-599. It is understood that you are not entitled to credit if: 1) you are in breach of your commitments and/or obligations with Netquatro, and until the same is rectified. 2) the lack of Service is due to your breach of the terms and conditions of the same and/or of this Contract, and/or your misuse of the Service. 3) the «non-availability» and/or interruptions were the result of denial of service attacks, virus activity, hacking attempts, and/or any other circumstance beyond the control of Netquatro.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (DNA).
Any information or documentation that either party provides to the other in the development and execution of this contract will be considered confidential and exclusive to the provider and may not be disclosed to third parties without consent, including but not limited to, email account information, as well as its content, keys and passwords, information exchanged during the support process, etc.
Both you and Netquatro agree to keep the confidentiality of this Contract, undertaking not to disclose any of the points that make up its content to third parties without the express consent of both parties.
Both you and Netquatro exclude from the category of confidential information any information disclosed by the party that possesses it, that becomes public, or that must be disclosed in accordance with current local laws or a judicial resolution or imperative act of a competent authority.
Neither party will acquire any rights over any confidential information or other property rights of the other party as a result of this contract.
REQUESTS.
In order to maintain the security of information, passwords, and other content that you may handle through the Service, it is mandatory that, for requests related to the contracted service, activation of new products, support, or any other requirement that may arise from this contract, you must communicate with Netquatro only through the corporate emails registered in the Netquatro client area. Such requests will only be accepted and understood as valid if they were issued or sent from authorized senders. In case of any removal, dismissal, or any modification of authorized contact members or emails, you must notify Netquatro of the changes to be made before such modifications occur. Netquatro will not be responsible for any loss resulting from the unauthorized use of your Account, as a result of the client’s omission to observe such rules.
NOTIFICATIONS.
Netquatro may send you (except in cases of force majeure) notices or notifications regarding the Service, including those related to modifications to this Contract, by email to your Net4email address (or to other alternative email addresses associated with your Account if provided), by regular mail, or by postings on our website or in the Service.
For this purpose, it is your obligation to provide at least three (3) email accounts and at least three (3) phone numbers directly linked to the legal representative (in the case of a company or other entity), administration management, and support management.
EXPORT CONTROL
The use of the Service and Software, including the transfer, publication, and uploading of data, software, or other Content through the Service, may be subject to compliance with the export and import laws of the United States and other countries. You agree to comply with all applicable laws in this regard. In particular, but not exhaustively, the Software cannot be exported or re-exported (a) to any country under U.S. embargo or (b) to any person listed on the U.S. Treasury Department’s Specially Designated Nationals list or on the Denied Person list of the U.S. Department of Commerce. By using the Software or Service, you declare and warrant that you do not reside in any of these countries or appear on any of these lists. Likewise, you agree not to use the Software or Service for any purpose prohibited by U.S. law, including, among others, for the development, design, manufacture, or production of missiles, nuclear weapons, chemical or biological weapons. Also, you agree not to upload to your Account any data or software that (a) is subject to International Traffic in Arms Regulations, or (b) cannot be exported without prior written authorization from the government, including, without limitation, certain types of encryption software and source code, without obtaining such authorization. This warranty and commitment will remain in effect during the term of this Contract.
INTEGRITY OF THE CONTRACT.
This Contract constitutes the entire agreement between you and Netquatro, regulates your use of the Service, and supersedes any prior agreements you may have entered into with Netquatro regarding the Service. You may also be subject to additional terms and conditions that may apply when using affiliated services, content, or third-party software. If any of the provisions of this Contract are found to be invalid or unenforceable, that provision will be interpreted to reflect, as much as possible, the original intention of the parties, and the remaining provisions of this Contract will remain in full force and effect. Netquatro’s failure to exercise any right or enforce a provision under this Contract will not constitute a waiver of that provision or right. You agree that, unless expressly stated otherwise in this Contract, there will be no third-party beneficiaries to this Contract.
BILLING AND PAYMENT.
As a subscriber to the Service, you agree to pay the fees corresponding to the chosen service as shown on the Netquatro website and official price lists. Netquatro reserves the right to review and adjust them periodically and without prior notice. Changes in fees will take effect from the moment of publication on the website and/or price lists. You must pay the corresponding value-added tax (VAT) and any other taxes levied on the services, in addition to the fee established for the service. Payments must be made in advance for the activation or continuity of the service. In case you incur in arrears in the payment of your obligations, you must cover the expenses for collection outside the established period, which will correspond to twenty percent (20%) of the total owed; in addition, Netquatro may, at its sole discretion, suspend, interrupt, or disconnect the contracted services in whole or in part. To reactivate the service, you must pay the charges corresponding to reconnection.
PENALTY.
In case of MANUAL REACTIVATION OF SERVICES, if a client exceeds the service expiration date and the service is suspended, the client can request the manual reactivation of the service, with a cost of 5 USD for the reconnection of the service. In the case of clients who exceed the amount of space or traffic, they can also request reactivation. This cost will be a one-time payment for each service that the client wishes to reactivate, and activation is for 1 day, applied on the day the client makes the request.
SERVICE CANCELLATION.
As a subscriber to the Service, you may only terminate the contracted service unilaterally by written notice to Netquatro with more than thirty (30) consecutive days before the expiration date, making the payment corresponding to the enjoyment of thirty (30) days of the contracted Service. Once the customer’s request for service cancellation is received by the Netquatro team, any task related to the domain will be immediately suspended, such as, but not limited to: design modifications, creation of new articles for the blog, preventive maintenance, or any other related task. The client understands all the implications that derive from the cancellation of the service and releases Netquatro from any related responsibility. Any termination without proper notice by the client will not release the Client from any obligation to pay fees or charges accrued before termination. Netquatro does not refund service payments that are canceled before the termination of the service.
Netquatro may unilaterally cancel the service if it does not receive payment for the service and fifteen (15) days have passed since the due date.
PRIVACY POLICY.
Netquatro collects specific login information, such as: time, location, country, ISP, IP, device, through which a historical record is kept to ensure security in user login. In case of multiple incorrect logins to our systems, we can alert the user and take preventive measures to avoid unauthorized login. We do not collect sensitive user information such as access credentials to our tools or to third-party tools such as Facebook, Instagram, Twitter, LinkedIn, YouTube, Google, etc. All of them are direct integrations with their owners that allow login without knowing or storing credentials by Netquatro.
We also integrate our tools with third-party software such as Google Analytics and proprietary software to track page load times, the most used pages within our tools, as well as geographical information about visits. In the case of our tools, it is not possible to individualize a visit; they are global statistical data.
Users who wish to delete their information from the records only need to send an email to support@netquatro.com requesting the deletion of their data from our systems.
SUPPORT HOURS.
Customer (subscriber) service hours will be from Monday to Friday from 8:00 am to 5:00 pm UTC -5 Eastern Time (ET).
Last updated: 07/18/2022