Terms of Service

2.1. It is obligated to the OWNER to provide the Services detailed in Annex I of the Contract, granting the necessary technical facilities so that the hosted website and emails are accessible via the Internet, in the form, manner, and contents determined by the OWNER and permitted by the plan purchased, providing an administration interface that allows accessing, modifying, and updating their data on the Hosting.

2.2. INNOVEMUS may store content on servers inside or outside national territory, due to connectivity and storage requirements necessary for the data provided by the OWNER, with a similar level of data protection as required by Law No. 29733 - Personal Data Protection Law.

2.3. It is established that INNOVEMUS has no custody, deposit, or management responsibilities for the OWNER's data.

2.4. It will provide the Services 24 hours a day, every day of the year, except in cases where there are failures or unavailability of the internet service due to causes not attributable to INNOVEMUS, but rather to complementary providers of Internet service to which INNOVEMUS may be connected to receive or provide the Services.

2.5. INNOVEMUS will not be held responsible for failures or unavailability of the Internet service, beyond making its best efforts so that the affected services can be restored to the OWNER in the shortest time possible.

2.6. INNOVEMUS assumes the commitment to comply with all legal requirements and applicable legislation to provide the Services, taking charge of all necessary authorizations for that purpose.

3.1. That they have read and are aware of each and every one of the terms and conditions of this Contract, as well as other applicable acceptable use policies (AUP) available on the INNOVEMUS site, so the mere submission of the electronic application to INNOVEMUS and acceptance of these contractual conditions imply their express acceptance and submission.

3.2. That in the event of modification of any of the clauses of this Contract, or the applicable provisions and/or policies, provided they have been duly communicated and/or published on the website at least 30 calendar days in advance, they shall apply to both parties automatically and bindingly. Upon a modification applied in this sense, the OWNER may terminate this Contract.

3.3. That the data and credentials delivered by INNOVEMUS to the OWNER constitute the sole means of access to the contracted service; therefore, the OWNER recognizes and accepts that all modifications and/or changes made through their use are their sole responsibility, undertaking to keep them secret, safeguarding them with due care and confidentiality.

3.4. That they specifically recognize and agree that the use made of this site and the Services found therein will be at their own risk and account, and that this site and the Services found therein are provided "as is", "as available", and "with all faults".

3.5. That they recognize and agree that no oral or written information or advice provided by INNOVEMUS, its officers, directors, employees, advisors, or agents (including, but not limited to, its representatives or customer service) and third-party service providers (i) shall constitute legal or financial advice nor (ii) create a warranty of any kind regarding the Services, with warranties limited to what is expressed in this Contract.

5.1. The OWNER undertakes not to transmit unsolicited advertising via email or any other medium on the Internet; advertising any service hosted by INNOVEMUS, whether through services contracted with INNOVEMUS or through any other service provider. Failure to comply with this point entails immediate suspension without prior notice of the contracted services, regardless of the amount or size of the mailing.

5.2. Mass mailing is strictly prohibited. INNOVEMUS reserves the right to notify the OWNER, previously, as an ultimatum or proceed to the immediate suspension without prior notice of the contracted services.

5.3. Failure to comply with the obligations detailed in paragraphs 5.1 and 5.2 above will lead to the immediate suspension without prior notice and subsequent deletion of the Services, being a resolutory condition of the Contract. This is because INNOVEMUS, like any company providing these Services, maintains a zero-tolerance policy regarding unsolicited email and violation of this point will lead to the immediate termination of your website.

5.4. In case of non-compliance with the obligations detailed in paragraphs 5.1 and 5.2 above, the OWNER additionally undertakes to hold INNOVEMUS harmless, and in case its officers, partners, and/or representatives are affected by this breach, they undertake to indemnify them for reasonable expenses incurred and for damages suffered in relation to any action, suit, or proceeding to which they were party due to the OWNER's breach.

6.1. On hosting accounts, the OWNER may install and run scripts they deem appropriate, as well as applications developed in PHP, CGIs, and other programming languages supported on the contracted account. However, INNOVEMUS reserves the right to suspend the hosting account, deactivate any script or software installed by the subscriber, that affects the normal operation of other accounts or the server as a whole.

6.2. The abusive and disproportionate use or misuse of PHP, MySQL, CGIs, or Perl, etc., such as persistent connections, loops, and similar, can make the operation of the server unfeasible, affecting hundreds of accounts hosted on the same server. INNOVEMUS reserves the right to deactivate and/or terminate without prior notice hosting accounts causing such problems, in order to guarantee maximum SERVICE quality to all accounts hosted on the same server.

6.3. The limit of resources allowed for the hosting account is in accordance with the plan contracted. For security and stability reasons of the server and the network, we do not allow the execution of IRC and P2P applications.

7.1. The parties undertake to keep confidential all information exchanged under this Contract, and/or related to the terms and conditions of this agreement or any activity contemplated by this agreement is considered by the parties as confidential information, so neither party may disseminate or provide it to any person.

7.2. Personal information of the OWNER received and/or generated due to the preparation, execution, and/or performance of the Contract will be stored for a maximum period of 10 years, in the "Clients" database owned by INNOVEMUS located at the address indicated in the introductory part of this Contract.

7.3. The OWNER, as the holder of personal data, expresses their free, prior, express, informed, and unequivocal consent for INNOVEMUS and linked companies that may have access to the personal data of the OWNER, to treat the same, including their sensitive data, to prepare, celebrate, and execute this Contract. The OWNER on their own declares that all personal data information they use when taking the Services and executing the Contract already has the free, prior, express, informed, and unequivocal consent of the holders of said personal data, as well as authorization for its treatment.

7.4. Likewise, the OWNER accepts that their personal data delivered to INNOVEMUS as well as the information to which it may access or generate in the course of its operations, may be transferred to the competent authorities to comply with obligations and information originating under compliance with rules related to the operation of INNOVEMUS, prevention of money laundering and terrorist financing, FATCA regulations, and others established by the legal system, as well as to third parties, provided they are authorized by law.

7.5. The OWNER accepts that they have been informed that the treatment of their personal data, as indicated in the preceding clauses, is mandatory for the execution of the Contract and to comply with applicable legal provisions, for which the OWNER authorizes its use. By signing this Contract, the OWNER provides authorization for such treatment.

7.6. The OWNER declares that they know they can revoke their consent and exercise any of the rights that personal data legislation confers on them in their capacity as personal data holder (rights of access, rectification, cancellation, and opposition, among others) at any time. For this, it will be sufficient to send an electronic communication or approach the offices of INNOVEMUS located at the address indicated in the introductory part of the Contract or the address that INNOVEMUS notifies them of, if varied.

7.7. Additional Authorization for Commercial Purposes: Additionally, the OWNER authorizes INNOVEMUS to use their personal information to offer them direct and complementary services to their business object, and send them communications referring to services it may provide. Likewise, they authorize INNOVEMUS to transfer their information to its vinculated companies or those forming part of its Economic Group to send them communications related to generated collateral services of interest.

The information subject to treatment will be stored in the database called “List of Interested Parties” owned by INNOVEMUS, located at the address indicated in the introductory part of the Contract for a maximum period of 10 years. In this case, the CLIENT accepts that their authorization is optional, but not granting it will prevent them from accessing service offers related to their line of business and that INNOVEMUS can send them communications related to matters or services that might be of interest to them.

The OWNER declares that they know they can revoke the consent granted to INNOVEMUS to fulfill the mentioned additional purposes, and exercise any of the rights that personal data legislation confers on them in their capacity as personal data holder (rights of access, rectification, cancellation, and opposition, among others) at any time. For this, it will be sufficient to send an electronic communication or approach the offices of INNOVEMUS located at the address indicated in the introductory part of the Contract.

7.8. INNOVEMUS does not share, permit access to, supply, or report personal data that it may obtain or be supplied by the OWNER to advertisers or third parties. Therefore, it is not responsible for the management of information obtained by third parties on the OWNER's website, with or without their consent, nor for the security of data that the OWNER voluntarily provides to third parties.

In the event that the OWNER and/or users and/or webmaster of the OWNER breach any part or all of the Contract, it shall be terminated by operation of law automatically without the need for prior notice or prior warning, concluding between the parties in application of this resolutory condition. Likewise, INNOVEMUS reserves the right, at its sole discretion, to proceed to the immediate suspension of the SERVICE, without the need for prior written notice or email notice to the OWNER.

Likewise, the infrastructure provider (the company where all INNOVEMUS servers are hosted) has the authority to delete hosting accounts that violate any of the terms and/or conditions of this Contract without prior notice, regardless of the actions that INNOVEMUS might take. In such case, the Contract shall be terminated by operation of law automatically. INNOVEMUS reserves the right to initiate corresponding legal actions if it considers that the fault, infraction, or cause for suspension has caused economic damage to INNOVEMUS.

INNOVEMUS may provide any information that contributes to the investigation or proof of irregular or illegal acts committed by the OWNER, derived from the breach of the terms of this Contract, provided they are requested by competent authorities in use of their legal powers, and such information is on INNOVEMUS servers.

Contractual termination and/or suspension of the SERVICE due to an event attributable to the OWNER for contractual breach shall not mean under any circumstances the refund of the price paid nor the payment of any compensation or penalty by INNOVEMUS.

The provision of Services by INNOVEMUS starts according to the moment of renewal payment, within the established terms, through the confirmation of the renewal payment made. The OWNER will be sent, along with the hosting access keys, the service start period and end date (expiration) of the same.

The OWNER is responsible for performing timely renewal before the expiration date if they indeed wish to renew the Services. After the period ends, the account will be suspended for a period of 14 days, during which the service can be reconnected by paying a penalty equivalent to S/50, a cost associated with reactivation configurations.

After 14 days of expiration, the hosting account and all its content will be deleted. In the event that they indeed wish to reactivate their hosting, a surcharge of S/100 for reconnection must be paid, a cost associated with service reactivation, without this meaning a guarantee of being able to recover their contents. INNOVEMUS is not responsible - in any case - for the loss of content or email of the OWNER during the time the account is suspended or if it was deleted.

To perform the renewal of Services, the OWNER must have settled outstanding debts associated with the Services provided by INNOVEMUS.

The OWNER shall be solely responsible for any damage or prejudice caused against the rights of third parties, due to breach of applicable legal regulations and/or obligations agreed in this Contract, leaving INNOVEMUS, its directors, shareholders, representatives, and officers excluded from any liability to third parties for the misuse or breach by the OWNER of their agreed obligations.

INNOVEMUS excludes itself from any liability to the OWNER or their users for damages of any nature originating directly, indirectly, or remotely, from the interruption, suspension, termination, lack of availability, or lack of continuity of the operation of the Services, due to causes beyond its reasonable technical - commercial control, including, but not limited to, actions or failures of the OWNER or any of their users, pandemics, epidemics, acts of God, disasters, fires, government prohibitions or regulations, viruses not resulting from the acts or omissions of INNOVEMUS, its employees or agents, national emergencies, insurrections, riots or wars, strikes, lockouts, work stoppages, or other labor difficulties. However, INNOVEMUS will act diligently to overcome such force majeure.

In the event that INNOVEMUS becomes involved in claims, complaints, grievances, procedures, audits, judicial processes, or investigations before the public prosecutor's office originating from the misuse or breach of obligations by the OWNER, the latter is obliged to hold it harmless and assume all expenses, costs, and fees incurred by INNOVEMUS in defense of its rights, reimbursing the same within twenty-four hours of written request, without prejudice to indemnification actions that may correspond to INNOVEMUS.

This applies to officers, partners, and/or representatives of INNOVEMUS, who must be indemnified for reasonable expenses incurred and for damages suffered in relation to any action, suit, or proceeding to which they were party due to the OWNER's breach.

Relationships arising under this contract shall be governed, interpreted, and executed in accordance with legal regulations in force in Peru.

All disputes arising from or related to this Contract shall be definitively resolved by arbitration in accordance with the Arbitration Rules of the National and International Arbitration Center of the Lima Chamber of Commerce, to whose rules, administration, and decision the parties unconditionally submit, declaring to know and accept them in their entirety.

In witness of conformity and full acceptance of the terms and conditions contained in the clauses of this Contract, the Parties sign it.