PARTICULAR CONTRACT OF SERVICE PROVISION
By this contract which they do, on the one hand, JMV Technology Eireli legal entity governed by private law, registered CNPJ under nº 05.487.918/0001-20, having its thirst to the street Gesse Silva Ferreira, 60, neighborhood Planalto, Divinópolis, Minas Gerais, zipcode 35.501-811 duly represented by its managing partner named as CONTRACTED, on the other side the customer duly registered in our database with confirmed acceptance denominated CONTRACTOR, where your data is available in our database registered through the registration form available on the acquisition website, have, among them, fair and contracted the celebration of this present instrument of agreement of assignment of rights of use of services of Technology in Streaming of Audio and Video or not shared and Web platforms and Mobiles for the same purpose, making the following clauses and conditions reciprocally adjusted to the nature of legal business perfect and finished to know.
1) OF THE CONTRACTED PLAN:THE CONTRACTOR you may choose the plan that best suits you from the sitehosting.com.br, nochalks.com, framesites.com and or streamingdevideo.com and to contract additional services mentioned at the same address at the time of signing this agreement or later, complementary services that will be charged at the time of activation, upon request of such additional contracting, becomes an integral part of the object of the agreement.
2) CONTRACT DURATION, RENEWAL AND RESETTLEMENT:
2.1. CONTRACTING SERVICES WITH MONTHLY, QUARTER, SEMESTER AND ANNUAL RENEWAL PRE-PAYMENT:
2.1.1. The present agreement is executed for a period of thirty (30), 90 (ninety), 180 (one hundred and eighty) and 365 (three hundred and sixty-five) days, renewable for equal periods, successively, at all times CONTRACTOR make payment for renewal of the prepaid service, provided there is no waiver by either party within the period of 30 (thirty) days. Invoices will be sent exclusively via email 10 days before their expiration.
2.1.2. The beginning of the provision of services and therefore the beginning of the contract will be from the installation that will take place within one business day following confirmation of payment of the registration fee and the first monthly payment.
2.1.3. If it is in the interest of the CONTRACTOR the maintenance of services without automatic suspension in the event of late payment, the same must open a Ticket for the Commercial-Sales sector requesting the change of the monthly prepaid service contract for quarterly, semiannual or annual, or even transforming into a postpaid service, with the possibility of suspension only after 30 days of delay. In order to transform the contract into postpaid, additional documentation may be requested in order to validate the customer's registration.
2.1.4. In the event of a post-paid service change, a new contract will be drafted because it is a service rendered with a minimum fidelity of 1 (one) year, in two ways of equal content and form.
2.2. CONTRACTING SERVICES WITH ANNUAL RENEWAL AFTER PAYMENT:
2.2.1. If the amounts in this clause are not paid within the period CONTRACTOR will be responsible for the suspension of the services rendered after 30 days of delay, and judicial execution of this agreement and the financial update of 0.5% (Zero comma 5 percent), pro rata die.
2.2.2. In the event of non-payment of this agreement, and delays exceeding 90 days, in addition to the full payment of the value of this instrument, CONTRACTOR all legal, suc- cessful and honorary expenses to be included in the possible execution of this contract.
2.2.3. This agreement will be automatically renewed, after the period mentioned in this clause, without CONTRACTOR, using the IPCA correction of the last 12 months applied in the monthly values, renewed successively, provided there is no waiver by either party.
2.2.4. After the expiration of the total contract term described in this clause, CONTRACTOR terminate this contract, it is sufficient that he creates a support call in the system of the CONTRACTOR on the panel https://hub.jmvtechnology.com, 30 days in advance, and the closing will be arranged at no cost to the CONTRACTOR.
2.2.5. At the time of the possible termination of this contract, if there is still any debit value, it must be immediately withdrawn, the contract can not under any circumstances be rescinded with amounts outstanding by the CONTRACTOR.
3) PRICE OF SERVICES, PERIODICITY OF PAYMENTS AND DATES OF MATURITY:
3.1. O CONTRACTOR will pay CONTRACTED, for the provision of services, the value of the service contracted, made available on the website https://hub.jmvtechnology.com in the invoices menu, referring to the chosen plan on the requested expiration date.
3.1.1. The change of plan may be made upon request to the sales team of the CONTRACTED by chat, telephone 0800 037 4225, WhatsApp (037) 9.9173-8133 or Commercial-Sales ticket.
3.2. A CONTRACTOR is responsible for verifying your e-mail and / or Spam boxes, or calling the company's support telephone numbers:
4) FORM OF PAYMENT:
4.1. The payments due by the CONTRACTOR, as a result of this agreement, will be carried out by means of a Bill of Exchange, Credit, Debit or Bank Transfer. Any other form of payment that is not provided for herein will only serve as proof of discharge provided that it is expressly and expressly authorized in writing by the CONTRACTED.
4.1.1. Será de responsabilidade da CONTRACTED enviar o Boleto de Cobrança Bancária ao CONTRACTOR exclusivamente via e-mail 10 dias antes do seu vencimento.
4.2 Payments are made per event, or for monthly amounts, it is not possible to split a monthly plan and pay only for x days of use.
4.3 Failure to pay the monthly fee will result in complete suspension of services within 2 (two) days for prepaid plans and 15 (fifteen) days for postpaid plans, after 30 days, in the complete removal of the files from the CONTRACTOR of the CONTRACTED, either from the site hosting plan or videos for the Video On Demand Streaming case, and consequently all your backups will also be totally removed, making any future recovery impossible.
5) OBLIGATIONS OF THE CONTRACTOR:
5.1. Pay promptly the price due for the use of the services, including any costs for surplus use, thus preventing the services from being suspended.
5.2. Inform the CONTRACTED any change of the data mentioned in this contract, including exchange of e-mail, otherwise all notices and notifications sent to the addresses initially reported will be considered as valid.
5.3. To respond to the correct programming of your site and to feed the content of the site in order to allow its regular operation, as well as make the necessary adaptations in the programming, in order to adapt it to good programming practices and technological innovations and / or measures security and / or use optimization that may be introduced by the CONTRACTED, within the period stipulated by this.
5.3.1. It is CONTRACTOR install or attempt to install any type of program or malicious or poorly written code on the servers.
5.4. Do not store and / or transmit through your site pornographic, illegal, racist material or any other type of prejudice of race, creed, color or any other material that defies morals, morals and / or which is characterized as pirate and / or that is in any way facing the legislation in force, under penalty of immediate suspension of the provision of the services contracted herein, regardless of notice or notification.
5.5. Respond with exclusivity for the content of the site to be hosted and indemnify, fully, regressively, the CONTRACTED, in the event of a judicial or administrative conviction thereof, depending on the content of the material served by your site.
5.6. Register the domain to be hosted before the competent body, bearing all fees and fees due for registration, if you choose to have your own domain name.
5.7. o not use the hosted site to host, for free or paid another or other sites, but for the use of the Additional Domains quota provided by the plan or requested additionally.
5.8. Do not use the resources provided by CONTRACTED for sending unsolicited emails (SPAM), or for any other illicit purpose. Failure to comply with this rule results in the cancellation of the account in 24 hours, without the right to refund previously paid invoices.
6) OBLIGATIONS OF THE CONTRACTED:
6.1. Provide the service object of the present, taking care of the efficiency and regular operation of the shared server, adopting next to each one of the users all the necessary measures to avoid damages to the operation of the same one.
6.2. Provide technical support to the CONTRACTOR consisting of configuration information for publishing pages, reading and sending e-mails, and accessing other services, without including support for specific programs. The support to be provided, among others, support to certain programs of elaboration of pages FTP or of e-mail.
6.2.1. The support will be provided within the business hours established on the company's website and in its service channels and 24 (twenty-four) hours a day of the ticket system with a maximum deadline of up to 72 (seventy-two hours) to send a response.
6.3. Inform the CONTRACTOR, (3) days in advance, regarding interruptions necessary for technical adjustments or maintenance that require more than 06 (six) hours of duration and which may cause damage to the operation of the hosted site, except in case of urgency, jeopardize the regular operation of the shared server and that determined for the sake of the security of all users against detected vulnerabilities, provided that the interruptions in these cases do not exceed the duration of two (2) hours each. The maintenance to be informed are solely and exclusively those that interfere with the operability of the hosted site, being waived prior information about interruptions, for technical reasons of ancillary services that do not imply in detriment to the operability of the hosted site.
6.3.1. The interruption that causes damage to the operation of the hosted site and is necessary for the maintenance of the system will be carried out, preferably, in a period of no more than 06 (six) hours, between 24:00 and 6:00 hours.
6.4. Inform the CONTRACTOR about any damage caused or that may be caused to the server by its programs and / or stored content.
6.5. Keep the site hosted for 99.9% of the time each calendar month and, if this percentage is not respected, grant the CONTRACTOR a credit corresponding to the amount proportional to the monthly fee of the chosen plan and the time of unavailability of the site to be deducted from the next invoice, when requested by the CONTRACTOR.
6.6. Maintain confidentiality about the content provided by CONTRACTOR.
6.7. Install upgrades to third-party intrusion protection programs on the server, but will not be responsible in case of unavoidable attacks to overcome the technology available in the market.
6.8. If, at any time, the CONTRACTED you will find that the password (s) used by the CONTRACTOR is below the recommended minimum security levels, it is authorized to block the use of the unsafe password, regardless of prior notice or notification, with the lock remaining as long as the passwords are not satisfactorily replaced.
6.9. Immediately remove the hosted website from the air, if you receive a report that it is being used, even without the knowledge of the CONTRACTOR, for illicit or unauthorized practices.
6.10. It is fully responsible for the payment of all costs necessary for the service offered, either with suppliers and collaborators.
6.11. This contract does not in any way characterize any type of employment relationship between CONTRACTED and CONTRACTOR or among its collaborators.
6.12. Keep weekly updated backup of all data, database, video files and all other CONTRACTOR.
6.13. These are weekly backups, ie this week's backup, overrides the previous week's backup and so on, and a day or month backup can not be redeemed or any other rule that does not fit this criteria.
7) SECURITY AND CONFIDENTIALITY:
7.1. The parties agree that the information contained in the website now hosted, the e-mails they send and the databases used by the CONTRACTOR covered by the confidentiality and confidentiality clause and can not be CONTRACTED, with the exception of cases of order and / or request and / or judicial determination of any kind and / or order, request, determination of public authorities, in order to clarify facts and / or circumstances and / or instruct investigation, inquiry and / or termination to disclose the information to third parties.
7.2. The CONTRACTED shall not be liable for violations of the above-mentioned data and information resulting from acts of employees, agents or persons authorized by the CONTRACTOR and neither of those resulting from the criminal or irregular action of third parties (hackers) outside the limits of the technical predictability of the moment it occurs.
7.3 The CONTRACTOR You agree that in the event of public Streaming of Audio and Video streaming, CONTRACTED, may disclose the transmission and its mark on its website or third party site, as a way of disseminating the services provided and its technical capacity to other customers and visitors of the site, or advertising material in Audio, Video or printed.
7.4 The Mobile application development will be done according to the proposal submitted, but if the transmission infringes any copyright, if any audiovisual content that does not belong to CONTRACTOR, or that does not have authorization to display, the application will not be published, if it occurs when the application has already been published, in any case will be suspended the amounts paid for development of the application, will not be reimbursed.
8) OF THE AUDIO AND VIDEO STREAMING PLANS POLICY
8.1. All Audio Streaming and Video Stream plans have their Bitrate limit, according to the contracted plan, or you can CONTRACTOR opt for the adaptive quality option.
8.2. The Audio Streaming and / or Video Streaming system of any nature may not be used to host movies, TV series, music, applications or any type of copyrighted material, characterized as "piracy", stored in any file formats or extensions, broadcast live TV channels, non-copyright sports events will not refund paid invoices in the event of cancellation by CONTRACTOR. Cancellation must be requested via ticket with reason for cancellation.
9) PENALTIES AND TERMINATION:
9.1. The CONTRACTED return invoiced invoices in the event of cancellation by the CONTRACTOR, if this happens within a period of 7 days from the date of activation of the services, to request reimbursement for your right to purchase over the internet, the so-called "Right of Repentance".
9.2. The cancellation must be requested within 24 hours before the last day of the month paid or the date that invoices for the next billing period will be generated.
9.3. The delay in the payment of any amount due, in the option of annual renewal, or service with postpaid loyalty, will entail judicial execution of this agreement and the financial update of 0.5% (Zero comma 5 percent), pro rata die.
10) PROTECTION OF COPYRIGHTS AND INAPPROPRIATE USE:
10.1 According to the STJ's opinion: "It is possible to affirm that streaming, technology that allows the diffusion through the Internet, is one of the modalities provided by law by which musical works and phonograms are transmitted; and also, by legal definition, the Internet is considered as a place of collective frequency, characterizing, therefore, the execution as public"
10.2 – Faced with this CONTRACTOR, understands and expresses, formally, all responsibility for the rights of use of the content that becomes a vehicle using the services of the CONTRACTED duly registered with the legal bodies.
10.3 The CONTRACTOR, understands and expresses formally that it has full knowledge that the CONTRACTED only provides the necessary technology for the propagation and diffusion of the content on the Internet or in the means that it will use, which is a service of means, not end, and under no CONTRACTED for any content that may be transmitted by the CONTRACTOR.
10.4 – The CONTRACTOR you are still legally aware and expressly express your legal responsibility if you infringe the authorizing rights of any work in any country, in the case of CONTRACTED be notified, processed or have expenses derived from non-compliance with this clause, it is already agreed that all these expenses will be borne by the CONTRACTOR immediately and irrevocably.
10.5 – If you are notified of any breach of this clause, the CONTRACTOR understand and agree that CONTRACTED immediately suspend the service rendered, shall incur in the termination of the contract and the full payment of the contract and other expenses and costs incurred by that fact.
10.6 – The CONTRACTED may, in its sole discretion, consider the use of the service to be inappropriate, should this occur, the subscriber shall be notified in advance and shall promptly remedy the inappropriate use of the service.
10.7 – Considering the usage patterns and current legislation, the CONTRACTOR must refrain from: Invading the privacy of other subscribers, seeking access and private data and passwords, modifying files or assuming, without authorization, the identity of another subscriber, disrespecting copyright and intellectual property laws, intentionally damaging INTERNET users , through the development of programs, unauthorized access to computers, changes of files, programs and residential data in the network, advertise advertisement or advertise products and services through electronic mail, except in cases of express agreement of recipients regarding this type of content.
10.8 – To indemnify and hold harmless CONTRACTED any legal claim resulting from improper use of the services, on the sole fault of the CONTRACTOR, including the losses and damages required by third parties.
10.9 – Transmit or store any adult material related to pornography and propaganda related to sex, racist, or demonstrating any other type of prejudice of race, creed, color or any other material that defies morals, morals and / or which is characterized as pirate and / or that in any way contravenes the legislation in force, SOB PENALTY OF IMMEDIATE SUSPENSION OF THE PROVISION OF THE SERVICES ORA CONTRACTED INDEPENDENTLY OF PRIOR NOTICE OR NOTIFICATION. The CONTRACTED shall be the only arbitrary measure to which any violation of this measure.
11) THE FORUM:To resolve any disputes arising from this agreement, the parties elect the Divinópolis-MG District Forum, to the exclusion of any other, however privileged it may be.
By being in agreement, they formalize this instrument.