Introduction

These terms and conditions regulate the use of the website https://cacn-itservices.com/ (hereinafter, the "Website") and the contracting of IT Solution, Web Development and Networking Services (hereinafter, the "Services") offered by the company CACN IT SERVICES (hereinafter, the "Owner" or "CACN IT SERVICES"), domiciled in the United States.

Accessing and browsing the Website, as well as contracting the Services, implies the express and full acceptance of these terms and conditions, which have the same validity and effectiveness as any written and signed contract.

The Proprietor reserves the right to modify or update these terms and conditions at any time without prior notice. Therefore, the user (hereinafter, the "User" or the "Client") is recommended to review them periodically before using the Website or contracting the Services.

Definitions

For the purposes of these terms and conditions, the following definitions shall apply:

  • Web Site: the set of web pages accessible from the domain https://www.cacn-itservices.com/ or any other that substitutes it in the future, which offer information about the Services and allow its contracting.
  • Services: the IT Solution, Web Development and Networking Services offered by the Proprietor through the Website or by other means.
  • User: any person who accesses or browses the Website, regardless of whether or not he/she contracts the Services.
  • Client: the User who contracts the Services through the Website or by other means.
  • Contract: the agreement between the Owner and the Client by which the latter acquires the Services in exchange for a certain price.
Terms of use of the Website

The User agrees to use the Website in a diligent, correct and lawful manner, respecting current legislation, morality, good customs and public order.

The User shall refrain from:

  • Use the Website for fraudulent purposes or contrary to the rights and interests of the Owner or third parties.
  • Access or attempt to access resources or restricted areas of the Website without complying with the conditions required for such access.
  • Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  • Introduce or disseminate in the network computer viruses or any other physical or logical systems that are likely to cause damage to the systems of the Holder, its suppliers or third parties.
  • Attempt to access, use and/or manipulate the data of the Holder, its suppliers or third parties.
  • Reproduce, copy, distribute, transform or modify the contents of the Website without the prior written authorization of the Proprietor or the holders of the corresponding rights.
  • Delete, hide or manipulate the notes on intellectual and industrial property rights and other data identifying the rights of the Owner or third parties incorporated into the contents of the Website.
  • Obtain or attempt to obtain the contents of the Website using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located.

The User shall be liable for all damages arising from the breach of these conditions of use.

Conditions for contracting the Services

Contracting process

To contract the Services through the Web Site, the Client must follow the following steps:

  • Select the type and scope of the Service he/she wishes to contract.
  • Fill in the form with your personal and professional data, as well as the necessary information for the provision of the Service.
  • Accept these terms and conditions and the privacy policy of the Web Site.
  • Choose the payment method and make the payment corresponding to the contracted Service.

Once the payment has been made, the Client will receive an e-mail confirming the contracting of the Service and the instructions for its follow-up. The Contract will be understood to be formalized from the moment the Client receives the confirmation by e-mail. The Contractor reserves the right to reject any contracting request that does not comply with these terms and conditions or with the applicable legislation.

Price and method of payment

The price of each Service shall be the price indicated at any given time on the Website. The price includes the applicable taxes according to the legislation in force. The Customer may pay the price of the Service using Stripe. Payment shall be made in United States Dollars (USD).

The Holder will not have access to or store the Customer's bank or financial details. Payment processing will be done through an external, secure platform. The Customer shall notify the Holder of any undue or fraudulent charges to its means of payment as soon as possible so that the Holder can take the appropriate steps.

Time and method of delivery

The term and form of delivery of the Service will depend on the type and complexity of the contracted project. The Contractor shall inform the Client about the estimated delivery time before formalizing the Contract. The Contractor shall make every effort to comply with the deadline agreed with the Client. However, if for reasons beyond its control it is unable to meet the deadline, it will inform the Client as soon as possible to agree a new date.

The delivery of the Service will be made by e-mail or other telematic means agreed with the Client. The Customer must provide a valid address to receive the Service. The delivery shall be deemed to have been made from the moment in which the Contractor makes the final result of the contracted Service available to the Client.

Warranty and liability

The Contractor guarantees that it will provide the Services with professionalism, diligence and quality. The Contractor also guarantees that it has the necessary authorizations, licenses and permits to provide the Services.

The Contractor shall not be liable for:

  • Delays or failures to deliver the Service due to causes beyond its reasonable control (force majeure).
  • Damages arising from misuse or abuse of the Service by the Customer or third parties.
  • Damages or losses resulting from modifications made by the Customer or third parties on the final result of the Service without their prior consent.
  • Damages arising from the breach by the Customer of its contractual obligations.

The maximum liability of the Holder against the Client for any concept will not exceed in any case the total price paid by the Client for the contracted Service.

Intellectual and industrial property

The Proprietor is the owner or licensee of all intellectual and industrial property rights over its trademark, its trade name, its logo, its Website and its contents. All these elements are protected by applicable national and international laws.

The reproduction, distribution, public communication, transformation or modification of all or part of these elements is prohibited without the prior written authorization of the Owner. The Agreement does not imply any assignment or transfer to the Customer of any right over the trademark, trade name, the logo, the Web Site or its contents of the Proprietor except as expressly agreed between the parties in writing

The Client acknowledges and agrees that the Holder is the sole and exclusive owner of the intellectual and industrial property rights to the final result of the Service provided, unless otherwise agreed in writing.

The Contractor grants to the Client a non-exclusive, non-transferable and revocable license to use the final result of the Service provided only for the agreed purposes and according to the instructions of the Contractor.

The Customer undertakes to:

  • To respect at all times the intellectual and industrial property rights of the Holder on the final result of the Service provided.
  • Not to reproduce, distribute, publicly communicate, transform or modify the end result of the Service provided without the prior written authorization of the Proprietor.
  • Not to use the final result of the Service provided for illegal purposes or contrary to morality, decency or public order.
  • Not to assign or sublicense to third parties the rights of use on the final result of the Service provided without the prior written authorization of the Owner.

The Client shall be liable for all damages arising from the breach of these obligations.

Confidentiality and data protection

The Contractor undertakes to treat with confidentiality all information received from the Customer in connection with the provision of the Services. The Holder shall not divulge or disclose such information to third parties without the prior written consent of the Client, unless required by a competent authority or by law.

The Holder complies with the regulations in force regarding the protection of personal data. For more information on how the Holder collects, uses and protects the personal data of Users and Customers, please refer to the privacy policy of the Website.

Assignment and subcontracting

The Client may not assign or transfer to third parties the rights and obligations arising from the Contract without the prior written consent of the Holder. The Contractor may subcontract to third parties the total or partial performance of the Services, provided that the same level of quality and professionalism is guaranteed to the Client.

Termination and Termination of the Agreement

The Contract shall be terminated for the following reasons:

  • Fulfillment of the contractual obligations.
  • Mutual agreement between the parties.
  • Serious or repeated breach by any of the parties of their contractual obligations.
  • Causes of force majeure that prevent the execution of the Contract.

In the event of termination of the Contract due to serious or repeated breach by any of the parties, the performing party may require the non-performing party to pay compensation for the damages caused. The termination of the Contract shall not affect the rights and obligations that arose prior to its termination or those clauses that are to remain in force after its termination.

Communications

All communications between the parties relating to the Contract shall be made preferably by e-mail. The Client shall address the Holder at the following address: contact@cacn-itservices.com. The Contractor shall contact the Client at the address provided by the Client in the contracting form.

Communications shall be deemed received and valid from the moment they have been sent or confirmed by the receiving party.

Force Majeure

Neither party shall be liable for failure or delay in the performance of its contractual obligations if such failure or delay is due to causes beyond its reasonable control, such as strikes, riots, wars, attacks, fires, floods, earthquakes or other natural disasters.

The party affected by the force majeure shall notify the other party as soon as possible and inform it of the estimated duration of the force majeure. It shall also make every effort to mitigate the negative effects of such force majeure and resume performance of its obligations as soon as possible.

If the cause of force majeure lasts for more than 30 calendar days, either party may terminate the Contract without the right to compensation for either party.

Applicable Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with the laws of the United States. For the resolution of any controversy or claim arising out of or relating to the Contract, the parties submit to the exclusive jurisdiction and venue of the courts of Nebraska