Terms of Service
General conditions applicable to the subscription and use of services.
This English text is provided for information. The contract is governed by Argentine law and the Spanish version is the one that binds, under clause 32.1. Read the binding Spanish version
1 Scope
1.1 These General Terms and Conditions of Service, hereinafter the “Terms”, govern the contracting and provision by Sitios Hispanos SRL, hereinafter “SitiosHispanos.Com”, of web hosting, application hosting, hosting-associated email, cloud hosting, virtual servers, dedicated servers, managed services, backups, certificates, licences and the registration, renewal or transfer of domain names, as well as other services identified in an order.
1.2 “Client” means the natural or legal person identified in the contracting or renewal order. “Authorised User” means whoever acts for the Client within the account. “Consumer” means whoever acquires or uses the service as an end user, for their own benefit or that of their family or social group, within the meaning of Argentine legislation. Consumer status follows from the actual purpose of the service and is not excluded by a generic declaration, by the issuance of an invoice, or by the mere fact of holding a CUIT.
1.3 All mandatory consumer protection rules apply to Consumers. Provisions expressly identified as applicable to “business Clients” or “non-consumer Clients” do not apply to a Consumer where they would restrict a legal right.
2 Contract documents and order of precedence
2.1 The contract is made up of the following documents, all accessible before acceptance:
- the particular conditions expressly negotiated and accepted by both parties;
- the order or purchase summary, identifying service, plan, period, price, currency, taxes and options;
- the technical specification and the specific product conditions in force at the time of contracting;
- the Acceptable Use and Abuse Reporting Policy;
- the Data Processing Agreement, where the Client hosts personal data of their own or of third parties;
- the other published annexes in force that are applicable to the service;
- these Terms; and
- the Privacy Policy and, where applicable, the Cookie Policy.
2.2 In the event of a conflict, the document appearing first in the list above prevails, provided it is more specific and was delivered before acceptance. In consumer relationships, the advertising and offers in force that are applicable also form part of the contract, and the interpretation most favourable to the Consumer is adopted.
2.3 No link validly incorporates a document that was not made available to the Client before or at the same time as acceptance. SitiosHispanos.Com allows the applicable documents to be downloaded or retained.
3 Capacity, representation and account details
3.1 The Client must have the capacity to contract. Anyone acting for a legal entity declares that they hold sufficient authority and shall be liable for the accuracy of that representation. SitiosHispanos.Com may request reasonable verifications to prevent fraud, protect the account or comply with a legal obligation.
3.2 The Client must provide complete and truthful information and keep their administrative, technical, billing and security contacts up to date. Notices sent to the details provided shall be deemed valid if SitiosHispanos.Com evidences their dispatch by reasonable means, without preventing evidence to the contrary.
3.3 Changes of ownership, corporate name, CUIT or account holder may require supporting documentation. Identity verification may not be used to obstruct the exercise of a Consumer's rights.
4 Electronic acceptance, formation and evidence
4.1 Before contracting or renewing, the platform will display the summary of the transaction and a visible link to the applicable version of these Terms and of the incorporated documents. Acceptance is expressed through an unticked checkbox and an affirmative action to proceed with payment.
4.2 The contract is formed when SitiosHispanos.Com receives that acceptance and payment is credited or another commercial condition is expressly approved. Merely browsing the site, silence, failure to object to a proforma, or the sole issuance of an invoice do not constitute acceptance.
4.3 After acceptance, SitiosHispanos.Com will send without delay an electronic confirmation allowing the following to be retained:
- the identity of the Client and of the Authorised User;
- the service, price, currency, taxes and period;
- the date and time;
- the order identifier;
- the version of these Terms and of the applicable annexes; and
- a download link or a copy on a durable medium.
4.4 The tax invoice documents the accepted transaction and the payment, but does not replace prior consent.
4.5 Within legal limits, the parties recognise evidentiary value in orders, acceptance records, receipts, tickets, emails, contract versions, authentication logs, IP addresses, timestamps and other electronic evidence. Their assessment will depend on the integrity, traceability and reliability of the procedure and admits evidence to the contrary.
5 Account, credentials and access security
5.1 The Client is responsible for administering their Authorised Users, applying least privilege, using strong and unique passwords, enabling the second factor where available, and promptly revoking access that is no longer appropriate.
5.2 The Client must immediately report any loss of credentials, unauthorised access or security incident through a support ticket. SitiosHispanos.Com may preventively block compromised sessions or credentials and require proportionate verification before restoring access.
5.3 SitiosHispanos.Com will not request the full account password by email. The Client must not share credentials with support staff; where an intervention requires access, temporary or delegation mechanisms will be used whenever possible.
5.4 Actions carried out from an authenticated session will be attributed to the Client where the identification system is reliable and there are no indications of a compromise attributable to SitiosHispanos.Com. Attribution is not an absolute presumption.
6 Orders, validation and activation
6.1 Every order is subject to payment validation, fraud prevention, technical availability, domain name eligibility, licence provisioning and compliance with the requirements notified.
6.2 Activation periods begin when payment and the necessary information are credited. If the Client delays the delivery of information, DNS delegation, access to source systems or other indispensable cooperation, the periods are extended to the same extent.
6.3 If SitiosHispanos.Com is unable to activate the contracted service, it will state the reason and offer, at the Client's choice, an equivalent alternative or the refund of amounts received for the component not provided. All legal remedies are preserved for Consumers.
6.4 An estimated date for migration, go-live or resolution is binding only if the order expressly identifies it as a commitment.
7 Prices, currency, taxes and invoicing
7.1 Before acceptance, the final price, the currency, the taxes, the service period and every applicable additional charge will be disclosed. No unsolicited products, renewals or services will be charged.
7.2 Where the price is expressed in foreign currency and payment in Argentine pesos is accepted, the order will state the exchange rate or objective criterion applicable at the time of payment. Intermediary fees or taxes outside SitiosHispanos.Com will only be passed on where they have been disclosed or are legally enforceable.
7.3 Unless the order provides otherwise, services are prepaid. Amounts corresponding to professional work, third-party licences, variable consumption or additional resources may be invoiced under their own arrangements, disclosed before acceptance.
7.4 SitiosHispanos.Com issues the tax invoice after acceptance and once payment has been credited, according to the tax details supplied. The Client must report errors to facturacion@sitioshispanos.com. A tax correction does not by itself alter the identity of the contract holder.
7.5 Prices may vary for future periods. The new price will be stated in the renewal proposal. If the variation is connected with a material change to the contract, section 28 also applies.
8 Proforma invoice
8.1 The proforma invoice is an informational document and a proposal to contract or renew. It is not a tax invoice, does not evidence payment, does not by itself create a debt and does not oblige the Client to renew.
8.2 As a general rule, SitiosHispanos.Com will send the proforma:
- at least thirty calendar days in advance for annual expiry dates; and
- at least fifteen calendar days in advance for monthly or quarterly expiry dates.
8.3 The proforma will identify the service, period, expiry date, price, currency and proposed contract version. The Client may decline renewal simply by not paying, unless they have separately authorised a direct debit. They may also request cancellation, revoke the authorised debit or request an export before the expiry date.
8.4 Failure to receive a notice due to out-of-date details, email filters or causes outside SitiosHispanos.Com does not alter the expiry date already stated in the client area. However, SitiosHispanos.Com will not invoke this rule if it cannot demonstrate that it made the information available by reasonable means.
8.5 For domain names, the payment deadline may fall before the expiry date reported by the registry or registrar, in order to allow for processing. That difference will be shown clearly.
9 Term, renewal and direct debit
9.1 Each service runs for the period stated in the order. Provision ends on expiry if there is no valid renewal.
9.2 Renewal requires a fresh acceptance of the contract version indicated and the crediting of payment. Silence or merely tolerated use after expiry do not create a new payment obligation.
9.3 SitiosHispanos.Com will not carry out automatic renewals or recurring debits without the Client's separate, express and revocable authorisation, with prior disclosure of the amount or of the criterion for determining it. A debit authorisation does not replace the disclosure or acceptance of material changes.
9.4 The Client may revoke the direct debit by the same electronic means made available to authorise it. The revocation applies to future charges that can still reasonably be stopped and does not affect amounts already accrued.
9.5 If the Client does not renew, no tax invoice is issued and no debt arises for a new period. The service may expire, be suspended and subsequently be deleted in accordance with sections 25 and 26.
10 Thirty-day commercial satisfaction guarantee
10.1 Without prejudice to the statutory right of withdrawal, SitiosHispanos.Com offers a commercial satisfaction guarantee during the first thirty calendar days where the product page or the order displays the thirty-day guarantee statement.
10.2 Unless the offer extends its scope, the guarantee:
- applies to the first paid activation of a web hosting, application hosting or cloud hosting plan that advertises it;
- allows cancellation to be requested without stating a reason within thirty days of activation; and
- covers the refund of the recurring price of the service concerned.
10.3 The following are excluded only where they were prominently disclosed before payment: domain registration, renewal, transfer or recovery; third-party licences, certificates or non-recoverable charges; dedicated servers or reserved equipment; additional IP addresses; metered consumption; migrations, installations or professional work already performed; non-recoverable taxes; renewals; and accounts suspended for proven fraud or unlawful use.
10.4 The guarantee may be exercised once per Client in respect of the first contracting of the service concerned and does not restart on an upgrade, internal migration, plan change or a substantially equivalent new subscription. This limitation does not affect any more favourable offer that may have been advertised, nor mandatory rights.
10.5 The request is submitted by ticket. SitiosHispanos.Com will confirm receipt and state the refund method and time frame. Before cancelling, the Client must export their data. The refund will be made by the same means of payment where possible and without undue delay.
11 Consumers' right of withdrawal
11.1 A Consumer contracting at a distance may withdraw their acceptance within ten calendar days, calculated in accordance with the legislation in force, without penalty and without needing to state a reason.
11.2 The right is exercised through the WITHDRAWAL BUTTON visible on the site or by another electronic means made available. No additional registration or formalities that hinder its exercise will be required. Only a reasonable, customary identity verification, intended exclusively for security, may be carried out.
11.3 SitiosHispanos.Com will provide a number or record of the request and will proceed with the restitution due under the law. If the mandatory information on withdrawal was not properly supplied, the right does not lapse within the ordinary period.
11.4 A request for immediate activation does not imply an advance waiver of the right. Any statutory exception will be construed restrictively according to the specific nature of the service and the extent to which it has been performed.
11.5 This section is independent of the thirty-day commercial guarantee: whichever regime is more favourable to the Consumer applies.
12 Scope of the service and shared responsibility
12.1 SitiosHispanos.Com provides the layers and tasks expressly included in the order and the plan specification. The fact that SitiosHispanos.Com has technical access to a layer does not mean it has assumed its administration.
12.2 In shared web hosting, SitiosHispanos.Com administers the physical infrastructure, network, virtualisation where present, base system and panel within the published scope. The Client administers their content, accounts, passwords, databases, applications, CMS, themes, plugins, code and own configurations, except for managed tasks expressly included.
12.3 In self-managed cloud, VPS or dedicated servers, SitiosHispanos.Com administers the contracted hardware or platform, connectivity and the corresponding virtualisation layer. The Client administers the operating system, firewall, ports, users, updates, applications, data and backups, unless the order specifies a managed service.
12.4 In application hosting, SitiosHispanos.Com administers exclusively the runtimes, components and versions identified in the specification. The Client is responsible for their code, dependencies, secrets, architecture, testing, data and compatibility.
12.5 A “managed” service comprises only the tasks listed in its scope. Tasks not included may be quoted separately and require authorisation.
12.6 SitiosHispanos.Com is answerable for the layers and tasks it has assumed and must provide the service with professional diligence. The Client is answerable for the layers under their control and for the decisions they make within them.
12.7 Nature of technical intermediation. SitiosHispanos.Com provides computing capacity, connectivity, storage, administration tools and the other services identified in the order. Except in expressly managed services and only within their scope, SitiosHispanos.Com does not create, select, modify, publish or direct the Client’s content, code, databases, communications or activities, nor does it determine their commercial or legal purposes.
12.8 Client responsibility. The Client retains control of and responsibility for the content and components under their administration. They declare that they hold the necessary rights, licences, consents and legal bases, and undertake not to use the service to infringe rights, affect systems or carry out prohibited activities.
12.9 No general monitoring. SitiosHispanos.Com does not carry out general, permanent or prior human monitoring of the private content hosted, nor does it assume an obligation of prior approval. It may apply automated controls and technical measures directed at security, integrity, availability, malware, resource abuse, fraud and legal compliance, and it may investigate sufficiently particularised reports. Those analyses are directed at telemetry, IP reputation, traffic patterns, malware and resource use, and avoid inspecting private communications save for a specific need, the Client’s authorisation or a legal mandate.
12.10 Knowledge and action. Where SitiosHispanos.Com receives a valid order, a sufficiently precise report, or acquires actual knowledge of a serious risk or manifest illegality, it will assess the matter and adopt reasonable, necessary and proportionate measures. It may preserve evidence, restrict content, isolate resources or suspend services, informing the Client where it is lawful and safe to do so.
12.11 No adjudication. Save for an order from an authority or a manifest case, SitiosHispanos.Com does not act as a tribunal and does not finally resolve disputes between third parties. It may request further information, pass the report to the Client and allow a response before adopting an irreversible measure.
13 Availability and service credits
13.1 Where the offer or service specification advertises a 99.9% availability guarantee, SitiosHispanos.Com undertakes to provide monthly availability of no less than that percentage for the infrastructure under its control.
13.2 Availability is calculated per calendar month using the following formula: (total minutes in the month minus minutes of unavailability) / total minutes in the month × 100. Unavailability exists where the service cannot be reached from the public network due to a failure attributable to the SitiosHispanos.Com layer, confirmed by its monitoring systems and, where necessary, by evidence provided by the Client.
13.3 The following are not counted as unavailability:
- scheduled maintenance notified, where possible, forty-eight hours in advance and carried out within a reasonable window;
- emergency maintenance essential to remedy a vulnerability or serious risk, with notice as soon as possible;
- failures in code, applications, operating system, configurations, credentials or resources administered by the Client;
- exhaustion of the contracted resources or attacks originating in or facilitated by the Client's content or configuration;
- valid suspension under these Terms;
- Internet failures outside the network or providers under the reasonable control of SitiosHispanos.Com; and
- force majeure events meeting the requirements of section 29.
13.4 An exclusion applies only for the time and in the proportion in which the excluded cause brought about the unavailability. Excessive maintenance, a lack of diligence, or an avoidable failure of the committed infrastructure do not become an exclusion merely by being so labelled.
13.5 If availability falls below 99.9%, the Client may request, within thirty days following the close of the month, a credit calculated on the monthly recurring charge for the affected service:
| Monthly availability | Credit |
|---|---|
| 99.00% to 99.89% | 5% |
| 95.00% to 98.99% | 10% |
| Less than 95.00% | 25% |
13.6 The credit does not exceed the recurring charge for the affected month, does not cover taxes, licences or third parties, and is applied to the next renewal. If the Client does not renew because of a breach attributable to SitiosHispanos.Com, the parties will agree on its compensation or refund as appropriate.
13.7 For non-consumer Clients, credits constitute the exclusive financial remedy for ordinary availability shortfalls, save for wilful misconduct, gross negligence, breach of confidentiality or personal data obligations, or an obligation that may not lawfully be limited. Consumers retain all their legal remedies even if they do not request the credit within the period.
13.8 A superior measurement or SLA included in the order prevails over this section.
14 Support, incidents and maintenance
14.1 Technical support is available twenty-four hours a day, every day, through the ticket system published at https://www.sitioshispanos.com/submitticket.php. Commercial and billing service hours are those published on that channel.
14.2 First response times are not equivalent to resolution times. An obligation as to resolution, priority or escalation is enforceable only where the order, specification or SLA establishes it.
14.3 The Client must select a priority commensurate with the impact, provide reproducible information, preserve evidence, keep a contact available and authorise actions that may affect data or configuration. Time spent waiting for information essential from the Client is not attributed to SitiosHispanos.Com.
14.4 SitiosHispanos.Com may carry out preventive, corrective and security maintenance. It will endeavour to schedule it at times of lower impact and to notify relevant interventions. In an emergency it may act without prior notice to contain a risk, notifying as soon as is reasonable.
14.5 WhatsApp, social media or informal communications may be used as supplementary channels, but do not replace a ticket where technical traceability, authorisation or the calculation of an SLA is required.
15 Backups and restoration
15.1 The frequency, retention and scope of backups are those published in the accepted plan specification. If the offer states daily backups with the last seven days available, SitiosHispanos.Com will maintain a rolling window of up to seven recoverable daily points, subject to the technical exclusions disclosed. If it states weekly backups, that frequency and the plan's specific retention will apply.
15.2 Included backups are intended for operational recovery and do not replace the Client's own continuity strategy. Unless an order expressly transfers that obligation, the Client must maintain an independent, up-to-date, verifiable copy of all critical information, outside the same account or failure zone.
15.3 SitiosHispanos.Com will apply professional diligence in generating and safeguarding the committed copies, but does not guarantee that every copy will be recoverable in the face of prior corruption, already-replicated encryption, exclusions configured by the Client, data generated after the last point, or valid deletion instructions.
15.4 A restoration may replace current data. SitiosHispanos.Com will request the Client's confirmation where the risk is significant. The Client must verify the functional outcome of the restoration in the layers they administer.
15.5 Internal technical copies intended for platform continuity that do not form part of the plan do not constitute a guaranteed individual repository and do not extend the retention periods following cancellation.
16 The Client's technical and security obligations
16.1 According to the layers under their control, the Client must:
- keep systems, applications, CMS, themes, plugins and dependencies supported and patched;
- administer users, passwords, keys, certificates and secrets on secure criteria;
- configure firewall, ports, permissions and applications according to the principle of least privilege;
- test before deploying changes to production;
- size the contracted resources and monitor their consumption;
- maintain independent copies and test their restoration;
- act on security or capacity notices; and
- report incidents without delay and cooperate in containing them.
16.2 If the Client decides to keep obsolete software or refuses a reasonable recommended measure, they assume the risk inherent in that decision to the extent that SitiosHispanos.Com has clearly explained its consequences. This does not release SitiosHispanos.Com from protecting the layers under its responsibility.
16.3 The Client must not store credentials in plain text, expose unnecessary services, disable platform security controls, or carry out penetration testing on shared or third-party resources without written authorisation.
17 Acceptable use
17.1 The Client will use the services in accordance with the law, the rights of third parties and the applicable technical rules. The following list is indicative and not exhaustive; grounds for suspension require in every case objective criteria, evidence and traceability under section 24. The following are prohibited, among others:
- malware, ransomware, botnets and command-and-control systems;
- phishing, pharming, impersonation and fraud;
- spam, illegitimately obtained lists, or sending that harms network reputation;
- unauthorised access, interception, abusive scanning and exploitation of vulnerabilities;
- child sexual abuse or exploitation material;
- credible threats, extortion and incitement to crime;
- infringement of intellectual property;
- violations of privacy, trade secrets or personal data;
- defamation or other content declared unlawful by a competent authority;
- distribution of stolen credentials, cards or data;
- unauthorised cryptocurrency mining or deliberately abusive consumption;
- use that compromises IP addresses, ASN, reputation, the network or other clients’ services; and
- circumvention of security measures, or repeat breaches through the opening of new accounts.
17.2 SitiosHispanos.Com does not assume a general obligation to monitor content, in accordance with section 12.9. It may receive reports, preserve evidence, request information and adopt proportionate measures where there is reasonable cause. The reporting procedure, its admissibility requirements and the Client’s right of reply are governed by the Acceptable Use and Abuse Reporting Policy, published at https://www.sitioshispanos.com/en/legal/acceptable-use-policy, which forms part of the contract.
17.3 Save in cases of urgency, an order from an authority or serious risk, SitiosHispanos.Com will notify the breach and allow five calendar days to remedy it. The measure will be limited to the affected resource where technically possible.
17.4 The Client may challenge a measure by ticket and provide supporting material. SitiosHispanos.Com will have the decision reviewed by different personnel where the nature of the case warrants it.
18 Content and intellectual property
18.1 The Client retains ownership of their content, code, databases and materials. They are responsible for selecting, creating, uploading, publishing and administering that content, for its lawfulness and for holding the necessary rights and authorisations. SitiosHispanos.Com does not ordinarily select, direct or control that content. This does not exclude any liability of SitiosHispanos.Com for its own acts, for breaches of legal or contractual obligations, or for failing to take the measures reasonably required after acquiring actual knowledge of an infringement or risk.
18.2 The Client grants SitiosHispanos.Com, for the duration of the contract and the technical retention windows, a non-exclusive and limited licence to copy, store, transmit, back up and process the content solely as necessary to provide, secure, support or recover the service and to comply with legal obligations.
18.3 SitiosHispanos.Com retains its rights over the platform, trade marks, documentation, tools and pre-existing configurations. No clause transfers third-party software or licences to the Client.
18.4 Migrations or professional work do not imply a comprehensive audit of licensing, security or legality, unless expressly contracted.
19 Personal data and confidentiality
19.1 SitiosHispanos.Com processes account, billing, contact, support and security data as controller, in accordance with its Privacy Policy available at https://www.sitioshispanos.com/en/legal/privacy-policy.
19.2 With respect to personal data hosted on the Client’s behalf, the Client determines the essential purposes and means and SitiosHispanos.Com acts as processor or infrastructure provider, as applicable. The Data Processing Agreement published at https://www.sitioshispanos.com/en/legal/data-processing-agreement applies, specifying instructions, security measures, transfers, incidents and the return or deletion of the data.
19.3 The Client must have a legal basis, notices and appropriate measures for the data they host. They must not process sensitive data, information relating to minors, or data subject to special sector obligations without first assessing the suitability of the service and contracting the necessary safeguards.
19.4 Each party will protect the other's confidential information with a degree of care no less than that applied to its own equivalent information. It may use it only to perform the contract and disclose it to personnel, advisers or subcontractors who need to know it and who are bound by confidentiality.
19.5 The obligation does not extend to information that is public without infringement, was already lawfully known, is obtained from an authorised third party, or must be disclosed under a valid order. Where the law permits, the party required to disclose will give notice before doing so and will limit the disclosure to what is strictly requested.
20 Providers, licences and subcontracting
20.1 To provide the services, SitiosHispanos.Com may use datacentres, carriers, virtualisation platforms, panels, licences, payment processors, registrars and other providers. SitiosHispanos.Com remains answerable to the Client for the tasks it has assumed, without prejudice to the mandatory third-party rules disclosed before contracting.
20.2 Third-party licences are also governed by their own terms, which will be accessible before acceptance where they impose obligations on the Client. Changes to the price, metric or availability of a licence will only be passed on to future periods with prior notice.
20.3 If a third party discontinues an essential component, SitiosHispanos.Com will seek an equivalent alternative. If the change materially alters the service, the Client may decline to renew or terminate the affected component and receive the proportionate refund due, without prejudice to Consumers' rights.
21 Domain names
21.1 In domain registrations, renewals and transfers, SitiosHispanos.Com acts as an intermediary or reseller before the applicable registry or registrar. Availability as queried is provisional until the operation is confirmed by that third party.
21.2 The registrant holder retains the rights over the domain in accordance with the applicable rules. They must provide accurate information, keep it up to date, respond to verifications and comply with the policies of NIC Argentina, ICANN, and the relevant registry and registrar.
21.3 Acceptance and payment do not guarantee a registration or transfer if the domain ceases to be available, a restriction exists, an authorisation code is missing, the registry rejects the data or a third party exercises a preferential right. In that case the amount for the operation not carried out will be refunded.
21.4 Once the registry or registrar has executed the operation, its fees and charges are non-refundable save for an error attributable to SitiosHispanos.Com or a mandatory rule.
21.5 The Client is responsible for renewing by the deadline stated. SitiosHispanos.Com will send the notices provided for in section 8 and, for domains subject to ICANN, the reminders required by the applicable policies. Failure to receive them does not extend the term of the domain if the notices were reasonably sent.
21.6 After expiry there may be grace, redemption, restoration, auction or release periods, with charges and conditions set by third parties. SitiosHispanos.Com does not guarantee the recovery of an expired domain. Those periods must not be construed as a free extension of the registration.
21.7 Disputes over ownership or trade marks may be subject to mandatory procedures, including those of NIC Argentina, UDRP or URS. SitiosHispanos.Com will comply with the valid decisions and orders it receives.
21.8 An outbound transfer will be facilitated where the domain is transferable and there are no regulatory blocks, reasonably investigated fraud, or enforceable obligations connected with the procedure. No obstacles outside the applicable rules will be imposed.
21.9 The specific conditions for the registration, renewal, transfer of, and disputes over domain names are set out in the Domain Registration Agreement, published at https://www.sitioshispanos.com/en/legal/domain-registration-agreement, which forms part of the contract under section 2.1.
22 Resources and fair use
22.1 The order or specification identifies limits on storage, transfer, CPU, memory, processes, connections, accounts, messages, databases, IP addresses and licences.
22.2 Where an offer uses the expression “unlimited”, it means that there is no ordinary numerical quota for the resource indicated within human, lawful use compatible with the purpose of the plan; it does not permit mass storage unrelated to the site, unauthorised resale, abusive automation or consumption that degrades other users.
22.3 In the event of sustained excess, SitiosHispanos.Com will present the evidence and offer optimisation or a change of plan. If there is an immediate risk to stability or security, it may temporarily limit the affected resource, on a proportionate basis and with notice as soon as possible.
22.4 Unpublished limits or decisions solely at the discretion of SitiosHispanos.Com may not be used to reduce a service offered as unlimited.
23 Technical changes and migrations
23.1 SitiosHispanos.Com may make non-material changes to hardware, network, IP address, datacentre, base software or architecture in order to improve security, stability or continuity, while preserving the essential contracted characteristics.
23.2 Planned migrations that may affect availability or require action by the Client will be notified with reasonable advance notice. The Client must attend to DNS changes, access lists, versions or compatibility matters under their control.
23.3 A change that materially reduces capacity, functionality, committed location, security or service level is governed by section 28. If there is no reasonable alternative, the Client may terminate the affected component with a proportionate refund for the period not provided.
24 Suspension
24.1 SitiosHispanos.Com may suspend a service in whole or in part for:
- non-payment on the due date;
- an unremedied material breach;
- serious and immediate risk to security or stability;
- reasonably established unlawful use or fraud;
- an order from a competent authority;
- urgent technical necessity; or
- false registration details that are not corrected.
24.2 Outside an emergency, an order from an authority or serious risk, SitiosHispanos.Com will notify the reason and allow five calendar days to remedy it where the nature of the breach permits. Prior notice of expiry by means of a proforma satisfies the notice requirement in respect of non-payment.
24.3 Suspension will be proportionate and, where technically possible, limited to the affected resource. It will be lifted within a reasonable time after the cause has been corrected and the enforceable amounts credited.
24.4 Suspension does not transfer ownership of the content to SitiosHispanos.Com. During the retention window the Client may request an export where this is technically possible, compatible with security and legally permitted.
24.5 Charges may continue during a suspension attributable to the Client while the contract remains in force and SitiosHispanos.Com maintains the reserved capacity. This rule does not authorise charges for periods not accepted, nor does it limit Consumers' rights.
25 Expiry, retention and deletion
25.1 The Client must export their data before the expiry date. SitiosHispanos.Com may suspend access from that date, although operational tolerance does not imply renewal or alter the contractual periods.
25.2 Unless the order establishes a longer window, after suspension for expiry SitiosHispanos.Com will endeavour to maintain a technical possibility of recovery for:
- fifteen calendar days for web hosting and application hosting; and
- seven calendar days for cloud, VPS and dedicated servers.
25.3 Recovery may require payment of outstanding amounts, technical costs previously disclosed and renewal of the service. The existence of a recoverable copy is not guaranteed beyond the backup commitment in force at the time of suspension.
25.4 Once the window has elapsed, SitiosHispanos.Com may logically delete accounts, disks, content and configurations with no obligation to recover them. Residual copies are overwritten in accordance with their technical cycles and remain inaccessible for ordinary use.
25.5 SitiosHispanos.Com may retain for longer the data strictly necessary for invoicing, defence of rights, fraud prevention or legal compliance, subject to restricted access. It may also delete unlawful or dangerous content earlier where an authority so orders or where it is essential to contain a serious risk.
25.6 Domains are governed by the stages and periods of the registry or registrar and not by the windows in this section.
26 Cancellation, non-renewal and termination
26.1 The Client may avoid renewal by not making payment and may request cancellation from the client area or by ticket. Cancelling one service does not automatically delete other associated services or a domain, unless expressly indicated.
26.2 A Consumer may request cancellation by the same electronic means used to contract and through the SERVICE CANCELLATION BUTTON, with no requirement for telephone contact and no notice charges. SitiosHispanos.Com will provide reliable written confirmation within seventy-two hours.
26.3 Cancellation during a prepaid period prevents future renewals. Refunds are governed by the thirty-day guarantee, the right of withdrawal, the order and mandatory rules. Outside those cases, a non-consumer Client is not entitled to a refund of the period already reserved on account of a cancellation without cause.
26.4 Either party may terminate the contract for an essential breach not remedied within the period granted. No period is required where the breach cannot be remedied, or where there is fraud, manifest illegality or serious risk.
26.5 SitiosHispanos.Com will not terminate a fixed-term consumer contract without cause. If it discontinues a service for future periods, it will give at least sixty days' notice where reasonably possible and will offer migration or a proportionate refund.
26.6 On termination, access ceases, save for the applicable export window. Obligations that by their nature must continue survive: accrued payments, confidentiality, intellectual property, evidence, liability and dispute resolution.
27 Warranties, claims and business indemnity
27.1 SitiosHispanos.Com warrants that it will perform the tasks it has assumed with professional diligence, in accordance with the order, the specification, the SLA and the law. The Internet and software carry inherent risks; that warning does not reduce any specific obligation nor excuse breaches of its own.
27.2 Save for an express commitment, SitiosHispanos.Com does not warrant that a Client application is fit for a particular purpose, compatible with components not disclosed, immune to every attack, or free of errors in self-managed layers.
27.3 The Client must report an incident or breach without unreasonable delay, provide evidence and permit mitigation measures. Claims regarding billing or service level are submitted through the channels indicated in these Terms. A delay does not extinguish mandatory rights.
27.4 For business Clients only: the Client will hold SitiosHispanos.Com harmless against third-party claims arising directly from unlawful content supplied by the Client, infringement of rights, data processing decided by the Client, or prohibited use, to the extent of their responsibility. SitiosHispanos.Com will notify the claim, allow a reasonable defence and will not enter into settlements imposing obligations on the Client without their consent. There is no indemnity for matters attributable to SitiosHispanos.Com.
28 Contractual modifications
28.1 SitiosHispanos.Com will not unilaterally modify essential services or clauses to the Client's detriment during a period already paid for, save for a legal mandate, a mandatory requirement of a third party that has been disclosed, or urgent risk, and only to the extent necessary.
28.2 Material changes for future periods will be notified individually at least thirty calendar days in advance, even where the cycle is monthly or quarterly. The notice will include a summary, the effective date and access to the previous and new versions.
28.3 The new version will apply when the Client accepts it on contracting or renewing. If they do not accept it, they may decline to renew. Merely tolerated continuation, browsing or silence do not constitute acceptance.
28.4 Typographical corrections, clarifications that do not alter meaning, contact updates or changes required by law may be published with traceability. If they materially affect rights or obligations, the procedure above applies.
29 Fortuitous event and force majeure
29.1 Neither party is liable for a delay or impossibility caused directly by an unforeseeable or unavoidable event outside its reasonable control, for its duration and only to the extent of its effect, provided it gives notice where possible and adopts reasonable continuity and mitigation measures.
29.2 The following are not force majeure: lack of funds; growth in demand that ought to have been planned for; a failure avoidable through the committed maintenance; or the default of a subcontractor that the party could reasonably have prevented or replaced.
29.3 Widespread attacks, external outages or measures taken by an authority will be assessed according to their circumstances and the defences that could reasonably be required. Invoking force majeure does not automatically transfer to the Consumer risks inherent in the activity of SitiosHispanos.Com.
29.4 If the event substantially prevents the service for more than thirty calendar days, either party may terminate the affected component. SitiosHispanos.Com will refund the proportionate part of a prepaid period not provided, where appropriate.
30 Liability
30.1 Causation rule. Each party is liable for the damage it causes through an attributable breach. SitiosHispanos.Com is not liable to the extent proven that the damage results from a layer under the Client's control, credentials compromised by the Client, software or third parties chosen by the Client, an instruction contrary to a documented warning, or a failure to mitigate reasonably.
30.2 Consumers. No provision excludes or limits liabilities, warranties, full compensation, direct damages, punitive damages or other remedies that cannot be waived under Law 24,240, the Civil and Commercial Code and other applicable legislation.
30.3 Non-consumer Clients. To the fullest extent permitted, neither party is liable for indirect damages, loss of opportunity or loss of profit that were not foreseeable at the time of contracting. The total aggregate liability of SitiosHispanos.Com for claims connected with a service is limited to the charges actually paid for that service during the twelve months preceding the event giving rise to the claim.
30.4 The above limit does not apply to wilful misconduct or gross negligence; death or personal injury; attributable breach of confidentiality or data protection; infringement of intellectual property; indemnity obligations; amounts owed; or liabilities that may not lawfully be limited.
30.5 The limitations operate only if they bear a reasonable relationship to the risk, price and service. Each party must take reasonable steps to avoid aggravating the damage.
31 Notices and channels
31.1 Operational and contractual communications will be sent to the registered email address and to the client area. Urgent security notices may additionally be sent using other contact details provided.
31.2 The channels are:
- technical support: https://www.sitioshispanos.com/submitticket.php or soporte@sitioshispanos.com;
- abuse and content reports: abuse@sitioshispanos.com;
- data protection and exercise of rights: privacidad@sitioshispanos.com;
- billing: facturacion@sitioshispanos.com; and
31.3 Automatic receipt of an email does not imply acceptance of a claim, but does evidence its arrival if it identifies the date, sender and content. Tickets generate a traceable record.
31.4 The Client must keep their contact details up to date. A corporate or channel change on the part of SitiosHispanos.Com will be notified and published without in itself altering essential rights.
32 Governing law and dispute resolution
32.1 The contract is governed by the laws of the Argentine Republic.
32.2 If the Client is a Consumer, they may resort to the administrative or judicial mechanisms available according to their domicile, the place of performance and mandatory rules. Any extension of jurisdiction restricting those rights shall be deemed not to have been written.
32.3 For non-consumer Clients, the parties will seek to resolve the dispute through good-faith negotiation for thirty days from notification. Failing agreement, they submit to the ordinary courts having jurisdiction in the city of Rosario, Province of Santa Fe, save for non-derogable federal jurisdiction.
32.4 Prior negotiation does not prevent an application for urgent interim relief and does not suspend statutory periods that cannot be extended.
33 Final provisions and version
33.1 The nullity or ineffectiveness of one clause does not affect the remainder. In consumer relationships, the clause is supplemented in accordance with mandatory rules and the solution most favourable to the Consumer.
33.2 Tolerance of a breach does not imply waiver. Rights are waived only expressly, where the law so permits.
33.3 The Client may not assign the account without giving notice and obtaining reasonable approval where ownership, risk, licences or registration details change. SitiosHispanos.Com may assign the contract in a reorganisation or transfer of its business unit if it preserves the Client's rights and gives notice; in consumer relationships it may not worsen the Client's position.
33.4 Headings are for ease of reading and do not limit the content. Words in the singular include the plural where appropriate.
33.5 The applicable version is the one identified in the order and in the electronic confirmation. SitiosHispanos.Com will keep an accessible history of versions, but the copy delivered to the Client constitutes the principal reference for their contract.