These Terms and Conditions govern the engagement and use of the ACTIVA services, provided by Acción Tecnológica S.A., under the WebParaguay brand, hereinafter "WebParaguay".
Engaging ACTIVA implies acceptance of these Terms and Conditions, of the corresponding Service Order and, where applicable, of the particular conditions of the additional modules or services engaged.
ACTIVA is a managed technology service operated by WebParaguay that combines the implementation and operation of a web solution with hosting infrastructure, security, maintenance, backups, support and digital tools aimed at strengthening the Client's presence, credibility, lead generation or commercial activity.
ACTIVA is offered in different plans and may be complemented with additional modules.
The main plans are:
The available modules may include, among others:
The plan, modules, price, billing method and any particular commercial condition shall be those set out in the proposal or Service Order accepted by the Client.
ACTIVA is a managed technology service and not an upfront sale of source code.
During the initial engagement period, WebParaguay grants the Client the right to use the website and the engaged features within the ACTIVA infrastructure and technology ecosystem.
The service comprises exclusively the characteristics, capabilities and features corresponding to the engaged plan and modules.
Any development, integration, feature, customization or capability not expressly included may be quoted separately.
Activation comprises the initial configuration needed to put the engaged service into operation, in accordance with the scope of the chosen plan.
The Client shall provide, in a timely manner, the information, access, content, photographs, logos, texts, commercial data and other materials required for implementation.
Implementation timelines shall also depend on the Client's delivery of these materials, approvals and access.
Where there are delays attributable to the Client or to third-party services, the expected timelines may be adjusted proportionally.
Activation, implementation or other work already performed is non-refundable once accrued.
ACTIVA Confianza is aimed primarily at organizations that need to establish or strengthen their digital presence and credibility.
Its standard configuration includes:
The specific features engaged shall prevail where the Service Order sets out different conditions.
ACTIVA Oportunidades is aimed at companies that seek to use their digital presence as a tool for generating and initially managing commercial opportunities.
Its standard configuration includes:
ACTIVA facilitates the generation, receipt and measurement of commercial opportunities but does not guarantee any particular number of inquiries, prospects, clients or sales.
ACTIVA Comercio is aimed at companies that need to present and commercially manage products over the internet.
Its standard configuration includes:
The technical capacity of 500 products does not mean that WebParaguay must perform the initial upload of all of them. The included initial upload is limited to what is stated above or to what is specifically engaged.
The monthly minutes included in each plan are intended for minor modifications to existing content or configurations.
By way of guidance, they may include changes to texts, images, contact details, commercial information or other simple adjustments compatible with the existing structure.
The following are not considered minor changes:
Such work may be assessed and quoted separately.
Where the Client engages ACTIVA Local, WebParaguay shall carry out the initial configuration and management of the local presence linked to the website, according to the engaged scope.
The standard module includes:
The Client shall provide the necessary information and access and comply with the requirements set by Google or other external services used.
WebParaguay does not control the policies, verifications, suspensions, rankings or decisions made by Google and therefore cannot guarantee approval of the profile or any particular position in search results or maps.
ACTIVA Reservas adds an online booking calendar integrated into the ACTIVA service.
Its standard configuration includes:
Additional integrations, multiple calendars, special automations, payments linked to bookings or features other than those included may require additional engagement.
ACTIVA Venta Online adds e-commerce features to the ACTIVA Comercio service.
Its standard configuration includes:
Payment gateways, banks, processors, logistics companies and other external services have their own conditions, costs, policies and availability.
WebParaguay shall not be liable for payment rejections, interruptions, blocks, delays or failures originating exclusively with such third parties.
The commissions, fees and other costs charged by these providers are not included in ACTIVA unless expressly stated.
The ACTIVA services run on technology infrastructure managed by WebParaguay.
Currently, the main production infrastructure for ACTIVA is hosted on Vultr cloud services, in its Santiago de Chile region.
For reasons of capacity, security, performance, operational continuity, availability, technological evolution or technical convenience, WebParaguay may relocate the services, in whole or in part, to another data center, region or provider.
Where a migration occurs, WebParaguay shall endeavor to use infrastructure of equivalent or higher characteristics and to adopt the reasonable measures needed to preserve the continuity and security of the service.
Engaging ACTIVA does not grant the Client any ownership over servers, master cloud accounts, virtualization systems, infrastructure tools, global administrative credentials or shared technology resources used by WebParaguay.
Each plan has storage, processing, catalog and other resource capacities defined commercially.
WebParaguay may perform optimization, maintenance or infrastructure redistribution tasks where necessary to maintain the stability of the service.
Where a website sustainably exceeds the plan's capacities, generates extraordinary resource consumption, affects the stability of other services or requires higher technical conditions, WebParaguay may propose:
Any cost increase shall be communicated to the Client before it is applied, except for urgent technical actions needed to protect the security or continuity of the platform.
WebParaguay shall apply reasonable technical and organizational measures to protect the ACTIVA infrastructure and services, including, as applicable:
No internet-connected system can be considered absolutely invulnerable. For this reason, WebParaguay does not promise or represent that the service is "100% secure" or that it can never suffer incidents.
WebParaguay shall maintain periodic backup and recovery mechanisms for the ACTIVA services in accordance with its internal technical policies and the type of service engaged.
Backups may be kept on infrastructure separate from the main server and through specialized providers.
Backups are a contingency measure and not an absolute guarantee against any possible loss of information.
For services with transactional operations, WebParaguay may use backup schemes with greater frequency than for purely informational websites.
WebParaguay shall endeavor to keep the ACTIVA infrastructure available and operational through monitoring and technical maintenance.
Interruptions may occur due to:
WebParaguay shall make reasonable efforts to restore the service where the incident relates to resources under its administration.
Uninterrupted 100% availability is not guaranteed.
The domain used by the Client belongs to the Client from the outset where it has been legitimately registered in its name or on its behalf.
Where WebParaguay manages the registration or renewal of the domain, it shall do so as a management service and shall not thereby acquire any rights over the Client's name.
Termination of the ACTIVA service shall not prevent the Client from keeping or transferring its domain, subject to the rules of the relevant registrar or responsible entity.
The following belong to the Client from the outset:
The Client warrants that it holds the rights or authorizations required over the content it provides for publication.
During the first 12 months, the ACTIVA website operates under a right of use as part of the service managed by WebParaguay.
During that period, WebParaguay shall not be obliged to provide for download the code, technical files, internal configurations or a complete copy of the project.
This arrangement is part of ACTIVA's commercial structure and of the value delivered during the initial engagement period.
Once 12 months of paid service have been completed and provided the Client is up to date with all of its obligations, the Client may request an exportable copy of the specific components of its ACTIVA website.
The hand-off may include, as applicable:
The hand-off does not include migration, installation or adaptation services on third-party infrastructure, unless separately engaged.
The technical hand-off of the website does not entail a transfer of ownership of reusable technologies belonging to WebParaguay.
WebParaguay shall retain the corresponding rights over:
Where the operation of the delivered website requires any of these components, the Client shall be granted the right of use needed to operate the website, on the applicable terms, without this entailing a transfer of ownership over the reusable technology.
ACTIVA may use technologies, libraries, APIs, services, platforms or components belonging to third parties.
These elements shall be subject to their respective licenses and conditions.
The technical hand-off of the website may not include rights that WebParaguay is not legally authorized to transfer.
Where the continuity of a feature depends on a third-party license, subscription or account, the Client may need to engage it directly after leaving the ACTIVA service.
The initial period of ACTIVA is 12 months.
The Client may request early cancellation of the service.
If cancellation occurs before completing the 12 months, the Client shall keep its domain, its own content, brand, photographs, information and data, but shall not be entitled to receive the exportable technical copy of the ACTIVA website.
If the Client wishes to terminate early and also obtain the technical copy of the website, it must first pay the amount corresponding to the initial 12-month period.
Amounts already accrued for activation, implementation or service periods effectively provided are non-refundable.
Once the initial 12-month period has been completed, the service may continue in accordance with the commercial conditions in force and the renewal method set out in the Service Order.
From that point, the Client shall retain its right to request the exportable technical copy of the website, provided it is up to date with its obligations.
The prices of:
shall be those stated in the proposal or Service Order accepted by the Client.
The method, frequency, due dates, taxes and payment means shall be those set out in that commercial documentation or the corresponding invoice.
Additional services requested later may be incorporated into recurring billing or invoiced separately according to their nature.
In the event of non-payment, WebParaguay may send notices to regularize the situation and, subsequently, temporarily suspend the service while the default persists.
Suspension may mean the unavailability of the website or of certain features, without this automatically extinguishing previously accrued obligations.
Where a reactivation cost applies, it shall be communicated to the Client.
WebParaguay shall endeavor to apply the suspension in a reasonable manner and with prior notice, except where there is a risk of security, fraud, unlawful use or a situation requiring immediate action.
The service may end by:
Where applicable, WebParaguay shall facilitate the export of the Client's own data in accordance with the conditions of this contract.
As a general policy, WebParaguay may temporarily keep a recoverable technical copy of the service for up to 30 days after termination, unless a legal obligation requires a different period.
Once the corresponding period has elapsed, the information may be deleted from the operating systems.
Copies existing in backup systems may remain until they complete their normal retention cycles and shall subsequently be deleted or overwritten in accordance with the applicable technical policy.
The Client shall be responsible for:
ACTIVA may not be used to host, distribute or facilitate unlawful, fraudulent or malicious content or activities, or content or activities that infringe the rights of third parties.
WebParaguay may suspend content or services where there is a legal obligation, a request from a competent authority or a serious risk to its infrastructure or to third parties.
ACTIVA may include initial technical configurations and optimizations aimed at facilitating the correct indexing and presentation of the website in search engines.
These actions do not constitute a ranking guarantee.
WebParaguay does not guarantee:
Results depend, among other factors, on the market, competition, offering, reputation, commercial investment, content, consumer behavior and third-party algorithms.
ACTIVA may integrate analytics, messaging, maps, email, calendar, CDN, security, payment gateway or other external technology services.
The operation of these tools shall also be subject to the conditions of their respective providers.
WebParaguay may replace technology providers where necessary, endeavoring to maintain equivalent functionality where it forms part of the engaged service.
Where the ACTIVA website collects information from visitors, leads, clients, buyers or other individuals, the Client shall be responsible for determining the purposes for which it will use that data and for complying with the legal obligations applicable to its activity.
Where WebParaguay hosts or processes that data exclusively to provide ACTIVA, it shall act as a technology provider or data processor, following the Client's instructions and within the limits necessary to provide the service.
Internal access to Client information shall be limited to the personnel and providers that reasonably require it for support, maintenance, infrastructure, security or operations tasks.
The Client acknowledges that ACTIVA's main infrastructure is currently located at Vultr, Santiago de Chile region, so that certain data processed through ACTIVA may be stored or processed outside Paraguayan territory.
The Client authorizes WebParaguay to use that infrastructure to run the engaged service and undertakes to adequately inform its users, visitors, leads or clients where applicable law so requires.
WebParaguay may use other providers or locations for infrastructure, backups, security, content delivery or other technical services, provided they are necessary to provide ACTIVA and the corresponding reasonable measures of security, confidentiality and protection are adopted.
WebParaguay shall keep its architecture and contractual documentation in the process of alignment with Paraguayan personal data protection regulations and with the rules applicable to international data transfers.
Where the website collects personal data, the Client shall have privacy information appropriate for its activity and data processing.
ACTIVA may provide standard texts or templates as a starting point; however, the Client shall be responsible for verifying that the published information correctly represents:
Where, due to the nature of the business, a specialized policy, legal advice or processing of sensitive data is required, such work may require separate engagement.
WebParaguay shall keep confidential the non-public Client information to which it has access as a result of providing the service.
This obligation shall not apply to information that:
The confidentiality obligation shall continue after the relationship ends where appropriate given the nature of the information.
Where WebParaguay becomes aware of a relevant security incident affecting Client information, it shall take the reasonably necessary actions to contain it, investigate it and mitigate its effects.
Where legally necessary or reasonably relevant to the Client, WebParaguay shall communicate the incident and the available information needed to manage its consequences.
WebParaguay may retain certain technical, connection, security or other records where there is a legal obligation to retain them.
Such records shall be used exclusively for legitimate purposes, for security, regulatory compliance or handling requests from a competent authority, as applicable.
WebParaguay shall be liable for the fulfillment of the obligations it expressly assumes under the ACTIVA service.
It shall not be liable for damages or interruptions originating exclusively in:
Any limitation of liability provided for in these Terms shall apply only to the extent permitted by Paraguayan law and shall not affect rights or liabilities that legally cannot be excluded or limited.
ACTIVA is a technology service that may evolve.
WebParaguay may introduce improvements, updates or technological changes provided they do not substantially reduce the essential features engaged.
Where a change significantly affects the Client's commercial or contractual conditions, it shall be communicated in advance.
WebParaguay may update these Terms to reflect:
Relevant changes shall be communicated by reasonable means and shall apply going forward in accordance with applicable law.
The version in force shall be available through WebParaguay's official channels.
Engagement of ACTIVA may be carried out through electronic mechanisms.
Acceptance may be effected through the Service Order, an electronic form, an acceptance checkbox, an engagement platform, an electronic signature or another mechanism that reasonably records the Client's consent.
WebParaguay may keep electronic evidence relating to the engagement, including the date, the version of the terms accepted and other technical records needed to evidence the transaction and comply with legal obligations.
Communications relating to ACTIVA may be made through the contact details provided by the Client, including email, platform, messaging or other official channels used by WebParaguay.
The Client shall be responsible for keeping its contact details up to date.
These Terms and Conditions shall be governed by the laws of the Republic of Paraguay.
The parties shall endeavor to resolve in good faith any dispute relating to the provision of ACTIVA.
Where a direct solution cannot be reached, the mechanisms and competent authorities established by Paraguayan law shall apply.
The Service Order, accepted proposal and specific annexes form part of the engagement.
Where there is an expressly agreed particular condition that differs from a general provision of these Terms, the particular condition shall prevail solely with respect to the specifically agreed point.
These Terms, together with the Service Order, accepted proposal, annexes and policies expressly incorporated, constitute the conditions applicable to the ACTIVA service.
The invalidity of a specific provision shall not necessarily affect the validity of the others, which shall continue to apply to the extent legally possible.
Provider: Acción Tecnológica S.A. — WebParaguay Service: ACTIVA Plans: ACTIVA Confianza · ACTIVA Oportunidades · ACTIVA Comercio Modules: ACTIVA Local · ACTIVA Reservas · ACTIVA Venta Online Current main infrastructure: Vultr — Santiago de Chile Jurisdiction: Republic of Paraguay
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