Accommodation Terms and Conditions
CLIENTS WHO TRUST OUR WORK
Conditions of the accommodation service provision agreement
These Contractual Conditions are intended to establish the terms and conditions that will govern the provision by Mixlife Lda to the CLIENT of the ACCOMMODATION service, which may translate into the provision, specifically, of the hosting service for websites, servers virtual (VPS), dedicated or shared, and also the provision of housing services in accordance with the CUSTOMER's option and the technical and commercial specifications indicated in the ORDER FORM OR EMAIL, which forms an integral part of this contract for all purposes. 1.2.
The CUSTOMER may also subscribe to additional (optional) services to the Accommodation Service, in accordance with the information and prices, in force on the date of the conclusion of this contract, made available by Mixlife Lda, being stated in the same way, in the FORM OR EMAIL OF ORDER, all technical and commercial specifications thereof. 1.3. The CUSTOMER acknowledges and accepts that, for the purposes of providing the Service by Mixlife Lda, they must provide all requested data (mandatory data) in the ORDER FORM OR EMAIL, under penalty of being refused the provision of any or all of the Services requested until the necessary information is provided.
2. Description of the Service and Features
Contracting the ACCOMMODATION Service gives the CUSTOMER the right to store information in the quantity and other technical conditions described in the ORDER FORM OR EMAIL. 2.2.
Under the terms indicated in the clause above, Mixlife Lda provides the CLIENT with web hosting accounts (processing capacity and memory), according to the option and requirements and technical specifications indicated by the CLIENT, through hardware owned by Mixlife Lda, which may be shared with other Customers or not. 2.3. The housing service allows the CUSTOMER to rent space in the Mixlife Lda data center to house their computer equipment. With this service, the CUSTOMER is provided with accommodation of their equipment in air-conditioned rooms, with controlled access and 24-hour surveillance; uninterrupted electrical current; internet connectivity and other technical conditions that will be detailed in the ORDER FORM OR EMAIL.
3. Technical Specifications and Restrictions of the Service
CUSTOMER expressly acknowledges and accepts that the IP Network (Internet Protocol), used to access and use the Service, constitutes a public electronic communications network, susceptible to use by several people and, as such, subject to overload, therefore the Mixlife Lda cannot guarantee access to the Service without interruptions or delays, however, it undertakes to regularize its operation as quickly as possible. 3.2.
The CUSTOMER also recognizes and accepts that within the scope of the Service covered by this contract, the hardware provided by Mixlife Lda may be shared by several Customers, in which case each Customer will be exclusively responsible for their respective access to the contracted infrastructure, traffic and data. stored. 3.3.
The CUSTOMER expressly acknowledges and accepts that the Service entitles him to maximum volumes of memory usage, disk space, bandwidth and processing capacity, which cannot be exceeded by him. The CUSTOMER may, if it so wishes, subscribe to Mixlife Lda for additional capacity, in accordance with the technical conditions and prices in force on the date of said subscription. 3.4.
The CUSTOMER will be able to define a personal identification code (username) and a password to access the ACCOMMODATION services. In this case, the CUSTOMER recognizes and accepts that the identification code and password are personal and non-transferable, and it is up to the CUSTOMER to ensure and protect, in all circumstances, their confidentiality and security. 3.5 Mixlife Lda guarantees the CLIENT, with regard to the provision of dedicated servers, VPS, housing and hosting services, an SLA of 99.95%.
4. CUSTOMER'S Obligations
The CUSTOMER guarantees that it has the necessary technical knowledge to use the Service covered by this contract. 4.2.
The CUSTOMER undertakes to always identify itself when accessing the Service with the identification elements (username and password) that it has defined, not using, under any circumstances, the identification elements of other customers. 4.3.The CUSTOMER undertakes to respect the Acceptable Use Policy (PUA) of Mixlife Lda available at https://www.mixlifehost.com/politica-de-utilizacao-aceitavel , so as not to compromise stability, security and the quality of the Services provided under this contract.
The CUSTOMER further expressly declares that it will not use the Service for purposes contrary to the law, namely, it will not disclose information that could undermine the moral integrity or any other rights or legitimate interests of third parties or to convey information that could be qualified as practice and/or incitement to the practice of criminal acts, contrary to law or public order, as well as any information whose disclosure may or should, for any reason, be considered illegal. 4.5.
The CUSTOMER acknowledges and accepts that Mixlife Lda does not, under any circumstances, make backups of any data and content that the CUSTOMER owns and uses within the scope of the Service covered by this contract. The CUSTOMER undertakes, therefore, to continuously back up its data and content under its own responsibility, bearing the respective costs, and Mixlife Lda is therefore not responsible for any loss, improper access or deletion thereof. 4.6. The CUSTOMER declares for all purposes that it is exclusively responsible for complying with legally established obligations regarding privacy and protection of personal data, in relation to personal data hosted on a server within the scope of this contract.
5. Use of Personal Data
Mixlife Lda is the entity responsible for collecting and processing the personal data indicated by the CLIENT when concluding this contract, as well as those that Mixlife Lda may obtain during the term of the same. 5.2.
Mixlife Lda will, in accordance with the legally established terms, collect and process the CUSTOMER's personal data that are strictly necessary for the provision of the Service in question, keeping them for as long as the contractual relationship is in force, being definitively deleted after the termination of the contract, except in cases cases in which the law expressly provides for the obligation to retain personal data for longer periods or in cases in which the National Data Protection Commission (CNPD) authorizes conservation for longer periods, taking into account the specific purpose of the processing carried out, in which case if the CLIENT is duly informed of this same purpose and deadline. 5.3.
6. Copyright and Industrial Property Rights
6.1 The CLIENT declares, for all due purposes, to be the legitimate and exclusive owners of all data, content, images and information, regardless of the medium on which they are found, hosted on the servers within the scope of the execution of this contract.
The CLIENT also declares that, on the contrary, the aforementioned data, content, images and information belong to third parties, prior to their hosting, provision and/or dissemination, they obtained the necessary authorizations, consents and/or licenses for use, therefore the its use does not in any way violate the legitimate copyright and/or industrial property rights of third parties. 6.2.
The CUSTOMER is, therefore, solely and exclusively responsible for the use of such content, data, images or information, in accordance with the provisions of the law, Acceptable Use Policy (AUP) and applicable Terms and Conditions. 6.3. The CUSTOMER expressly acknowledges that acceptance of these Conditions does not imply the assignment and/or transfer of any copyright or industrial property rights of Mixlife Lda, and/or its suppliers over the Service, whatever title, but only authorization to use it under the applicable terms.
7. Responsibility of Mixlife Lda
The CUSTOMER acknowledges and accepts that Mixlife Lda is limited by this contract to providing the CUSTOMER with support for hosting information, thus ignoring the latter, without obligation to know the content of the information hosted, and Mixlife Lda therefore does not assume any responsibility for the content it stores, unless it is aware of activity or information whose illegality is manifest and does not immediately remove or make access to that information impossible, as set out in Decree-Law no. 7/2004, 7 January. 7.1.1.
The CUSTOMER also declares that it is aware that Mixlife Lda does not have any general obligation to monitor the information it stores or to investigate any illegal activities carried out within its scope. 7.2.
The CUSTOMER acknowledges and accepts that Mixlife Lda is not responsible for Service interruptions caused by communication failures from the CUSTOMER's Internet access provider. 7.3.
Likewise, Mixlife Lda does not assume any responsibility for interruptions in the Service caused by poor configurations on the Customer's equipment that is under the latter's management 7.4.
At the same time, Mixlife Lda is not responsible for any losses or damages caused by the abusive or improper use of the CUSTOMER's username and password. 7.5. The CLIENT acknowledges and accepts that Mixlife Lda is not responsible for any damages suffered by the CLIENT or third parties in the security of the systems, networks and/or IT resources used in the execution of this contract, due to information or data hosted on the servers, made available or received via the internet; nor due to illicit intrusion attacks or congestion of the computer system and/or network, regardless of the technology used by the CLIENT; as well as those caused by errors (“bugs”) in the CLIENT’s computer systems and/or the need to install “upgrades” in the computer systems it uses.
8. Suspension of Service and cases of force majeure
Mixlife Lda reserves the right to suspend any of the Services contracted herein if: (a) the Customer violates any of the obligations contained in this Agreement and does not rectify the situation of non-compliance within 8 (eight) days after the request made by Mixlife Lda, or (b) Mixlife Lda receives a complaint from a third party regarding the use, by the CLIENT, of the Services to store, maintain or transmit “Offensive Materials”, or receives communication from a public entity informing that the CLIENT may be using the Services in violation of applicable legal provisions, or if the CUSTOMER violates in any way the provisions of Clause 5 and/or the Acceptable Use Policy (PUA), in all cases after a written request to the CUSTOMER, within 8 (eight) days in advance so that the latter can correct the faulty behavior. 8.2.
Mixlife Lda also reserves the right to temporarily suspend the Services, for operational reasons, namely for the purposes of repair, maintenance or improvements to its network or Datacenter, upon notice of at least 2 (two) days, to the CUSTOMER, unless if, for reasons of emergency or force majeure, such communication is impossible. 8.3.
The party that fails to comply with any of the obligations established in this Agreement, for reasons beyond its control (“Force Majeure”), will not be liable to the other for such failure. 8.4.
If the Force Majeure situation continues for a period exceeding 60 (sixty) days, either party may terminate the contract, by means of written communication addressed to the other party, under the terms established in the Clause. 8.5 Mixlife Lda reserves the right to delete websites hosted on its servers that violate its Acceptable Use Policy (AUP);
that promote illegal activities or that point to these types of websites. 8.6 The CUSTOMER acknowledges that the violations indicated above may result in the immediate deactivation of the Service, without the need for any prior notice and, consequently, in the termination of this contract, under the general terms of law, without Mixlife Lda being obliged to reimburse the CUSTOMER of any amount paid by him in return for the provision of the Service.
8.7 Regarding “Reseller” accounts and accommodation and housing services accounts suspended due to non-payment, Mixlife Lda reserves the right, if the CLIENT expressly expresses this intention in writing, to move the domain (respective website and email accounts ) of the active server on that date, in order to be responsible for its direct management.