TERMS OF USE, CONDITIONS AND CONTRACTS FOR THE PURCHASE OF PRODUCTS AND SERVICES FOR THE WEBSITE, PRODUCTS, SERVICES AND CUSTOMER SERVICE.
For any matter related to this Notice, contact ayuda@kiubix.com
By entering and using this portal, by using or contracting the services and products offered by “KIUBIX” SA DE CV or through its associates or distributors who from now on will be referred to as “KIUBIX”, you, the User, are accepting the terms and contents of this agreement and expressly declares its acceptance using electronic means for this purpose, in accordance with the provisions of article 1803 of the federal code. If the user does not absolutely or completely accept the terms and conditions of this agreement, they must refrain from accessing, using, viewing and/or contracting the services of “KIUBIX”.
In the event that you, the user, continue using “KIUBIX”, said action is considered your absolute and express acceptance of the Terms and Conditions stipulated in this document.
These General Conditions, together with the Specific Conditions, the corresponding descriptions of benefits and the lists of current rates, which are established in each case, will regulate the provision by “KIUBIX” of the web hosting services, name registration of domains, electronic messaging service, computer applications and tools (hereinafter, "the Services"), as well as other services that may be offered to the CLIENT in the future in exchange for the corresponding remuneration to be paid by the CLIENT.
These Services will confer to the CUSTOMER a right to use the products offered, in accordance with the terms, conditions and terms of these General Conditions and the Specific Conditions that, where applicable, are established.
This document expresses the Terms and Conditions for each range of “KIUBIX” “Services”, which may or may not apply to your contract but which are made known to you and accepted in the event of partial or total use of them. they.
By contracting any of these “Services” you accept the Terms and conditions stipulated in this document and in the event that “KIUBIX” updates it, it will notify you through the contact information provided in your registration form.
Likewise, it is also the responsibility and obligation of “THE CUSTOMER” to be aware of any modification of this document. Therefore, “KIUBIX” assumes the commitment to publish any modification within the site https://calidad.kiubix.com and provides a help and support service through ayuda@kiubix.com
These General Conditions will prevail over any general condition that the CUSTOMER may claim, unless expressly agreed or contract to the contrary in which its acceptance by “KIUBIX” is stated in writing.
The specific sections of this document stipulate any particular conditions for the “Services” contracted by the CLIENT and the rights and obligations of “KIUBIX” for them.
I. Intellectual Property “KIUBIX”
All materials contained on this site and on sites owned by “KIUBIX” (including, but not limited to, text, logos, content, images (animated and static), icons and photographs, among others) are protected by Copyright laws. Copyright and Industrial Property, both national and international.
In relation to everything contained on the site, the reproduction, use, copy, printing, distribution, publication, translation, adaptation, rearrangement and any other use or modification, total or partial, of the data and works contained on this page is prohibited, for any means and in any way.
Regarding the use of the logo, it may only be used if the following clauses are met.
1) the material may be used only for personal or educational, non-profit or commercial use;
2) the legend of copyrights, registered trademarks or reserved rights must be included, referring to “KIUBIX” SA de CV, that is, "Copyright © ”KIUBIX” All rights reserved";
3) send an email to ayuda@kiubix.com giving notice of what information will be used, as well as its purpose. The aforementioned does not grant any license or any type of right regarding said information.
II. Privacy Policy
Fully convinced of the appropriate use of information, for your security, privacy and tranquility and in compliance with the provisions of the Federal Law on Transparency and Access to Information, we inform you of our privacy policy and handling of personal data and we make the following commitment :
The data we request in the contact forms; support requests; contracting of services; human resources and any within the sites owned by “KIUBIX” will be used to establish contact with the interested party according to their requests.
The data collected by “KIUBIX” will never be disseminated, distributed or commercialized.
If you wish to be removed from our database, you can, at any time, request the deletion of your data by email to help@”KIUBIX”.com, or in writing to Arco de la Independencia 301 Interior 1, Col. Los Arcos, CP 20146 Aguascalientes, Ags. in attention to the administrative department.
In any case, we will always use the information provided to provide you with better service.
For more details please review the full privacy notice:
“KIUBIX”, SA de CV with address Arco de la Independencia 301 Interior 1, Col. Los Arcos, CP 20146 Aguascalientes, Ags. is responsible for collecting your personal data, the use given to it and its protection.
Based on the Federal Law on Protection of Personal Data Held by Private Parties, “KIUBIX”, SA de CV recognizes that it is important to ensure the due privacy and security of your information in accordance with current laws, which is why we are committed to safeguard your personal information in accordance with legal and administrative practices and in accordance with industry-specific computer security standards.
Likewise, we are responsible for not marketing, renting, sharing or disclosing your personal information to third parties for illicit purposes or contrary to those of its owner, except in cases where the owner expressly authorizes it.
In accordance with the above, this “Privacy Notice” applies to all personal information collected by “KIUBIX”, SA de CV, including its affiliated companies and subsidiaries, as well as third parties with whom it enters into or will enter into a contractual relationship. , in order to provide you with personalized services, always having the security levels required by the Federal Law on Protection of Personal Data Held by Private Parties.
For the aforementioned, and by agreeing to this “Privacy Notice”, you grant your consent to “KIUBIX”, SA de CV to collect and use your personal data for the purposes specified below.
We remind you that in terms of Protection of Personal Data, You may exercise your rights called “ARCO” in accordance with the following, according to the procedures regulated in the Federal Law on Protection of Personal Data Held by Private Parties and through the mechanism indicated in the final part of this Privacy Notice:
Access: You can choose the way to communicate with us through the means mentioned in this document to find out if “KIUBIX”, SA de CV has your personal data and the details thereof.
Rectification: You may request that any of your personal data be corrected, in case we have registered any incorrectly or if it has been modified.
Cancellation: You may request that we cancel or delete your personal data as long as there is a cause that justifies such action and you have no pending obligation to cover on the part of or in favor of “KIUBIX”, SA de CV.
Opposition: If you no longer have any relationship or legal obligation with us, you can make use of this right, not sharing any data. Depending on the relationship we have with you, the information we collect consists of name, company name, federal taxpayer registry, tax address, zip code, age, marital status, address, telephone, cell phone, nextel, email, profession and/or or occupation, account(s) of banking institution(s), standardized bank code(s) and other financial data, credit history, which are specified in the various formats that are sent to us for your registration as clients or suppliers -as the case may be.
Also collecting through them personal data of those who will serve as contact to carry out our contractual relationship in the best way.
These personal data are provided by you, as appropriate, through the purchasing, sales, credit and collections, accounts payable, marketing or customer service departments, the above as part of the contractual operation that exists or is intended to be kept with you, for the specific purposes specified below.
These personal data are necessary and are used to comply with the fiscal and legal guidelines derived from the relationship we have or intend to have with you, such as - depending on the case in question - selection and acceptance of clients, evaluation of suppliers, billing. , collection, payments, granting credits, requesting orders, shipping merchandise and product information and changes to them, among others.
Likewise, the information that “KIUBIX”, SA de CV collects may have statistical, promotional, advertising, marketing or commercial prospecting purposes.
We inform you that your personal data is only transferred and processed by our affiliated or subsidiary companies, or some third party duly contracted with information confidentiality and personal data protection clauses. The above for the purposes mentioned in the preceding paragraph.
We understand that in the event that you provide us with personal data of third-party natural persons to be considered as contacts, references, endorsements or jointly responsible, you have obtained their consent to transmit their data to us for the aforementioned purposes, the above in compliance with the Federal Law on Protection of Personal Data Held by Private Parties.
In the case of sensitive personal data referred to in the Law, express authorization will be obtained from the owner for the use and processing of the same.
In case you have any questions or wish to know your personal data contained in our databases, update or rectify them (if they are erroneous), or exercise the right to withdraw or block all or part of them, or including limiting its use or disclosure, you can contact us starting in January 2012 through the access reserved for the reception of requests corresponding to the exercise of the ARCO rights referred to in the Law, which appears on our website at the following address http://calidad.kiubix.com, assuring you that your requests will be attended to through our department responsible for processing personal data.
For your part, if any modification is required to what is stipulated in this privacy notice, you will be notified through our website at the following address https://www.kiubix.com
III. TERMS AND CONDITIONS FOR “SPECIFIC SERVICES” DEPENDING ON YOUR CONTRACT WEB HOSTING (SHARED HOSTING, DEDICATED SERVERS, ANYTHING THAT INVOLVES STORAGE).
Web Hosting is the Internet storage service through a computer or its resources dedicated for the exclusive use of “The CLIENT”.
The provision of these services is provided through "KIUBIX" with the beneficiary being "THE CUSTOMER" who explicitly accepts this contract, which cannot be replaced by another document or verbal agreement unless there is an exclusive contract by both parties.
CLAUSES
FIRST.- "THE CLIENT" entrusts "KIUBIX" with the performance of the services consisting of providing the availability of a 'Web Hosting' in the location that it considers most appropriate to meet the requirements of "THE CLIENT" and that is in accordance with the availability of spaces in the “KIUBIX” data centers Said Web Hosting will be installed according to the contracted characteristics on the “KIUBIX” server and listed in the contracted service, likewise access to the Hosting, information and requests will be sent and carried out exclusively if they are requested by the main contact or registered in the KIUBIX database.
SECOND.- AMOUNT OF THE CONTRACT AND METHOD OF PAYMENT for the contracted service and the periodicity of payment is specified at the time of contracting the service and both parties agree that payment for the service object of this contract is made in a timely manner, at Failure to comply with the stipulated payment method and frequency, the service will be suspended.
THIRD.- EXECUTION PERIOD. “KIUBIX” undertakes to begin its services that are the subject of this contract once the first payment has been settled and until the TEMPORARY OR DEFINITIVE SUSPENSION in accordance with the ninth clause of this contract.
FOURTH.- GUARANTEES. “KIUBIX” is obliged to: Offer technical support to “THE CUSTOMER” through electronic systems and respond to the event in no more than 72 business hours to “THE CUSTOMER”. Guarantee a connection time and base operation of the 'Web Hosting' of 99% of the time online as long as the disconnections are not caused by a malfunction of the software installed in the 'Web Hosting' by “THE CUSTOMER” or causes beyond the control of “KIUBIX” such as: earthquakes, hurricanes, or any other natural disaster or caused by terrorist acts in the facilities designated by “KIUBIX”, Monitor 24 hours a day, 365 days a year by different automated systems the status of “ the contracted service.
"THE CLIENT" is obliged to: Inform “KIUBIX” of any anomaly of the contracted service so that “THE CLIENT” can provide a timely solution to the event, Comply promptly with the payments stipulated in the SECOND clause of this contract, Host in the ' Web Hosting' only information that does not violate copyright.
FIFTH.- MATTERS OUTSIDE OF “KIUBIX” “KIUBIX” undertakes to deliver the service stipulated in the FIRST clause of this contract and is not responsible for: The operation of the files hosted in the 'Web Hosting', Reception or sending of spam in the email accounts configured in the 'Web Hosting', Blocking of IP addresses due to misuse of these by “THE CUSTOMER”, Any other situation that is not directly related to providing the service as stipulated in the contracting characteristics of the service.
On the other hand, “KIUBIX” offers to provide support and technical guidance for the solution of the possible events mentioned above.
SIXTH.- RECEPTION OF THE SERVICES “KIUBIX” may make partial or total adjustments to the service in search of satisfying the requirements of "THE CUSTOMER". These adjustments could mean changing the characteristics of the 'Web Hosting' contracted for an equivalent or better and never worse, as long as “THE CUSTOMER” requests it or covers the expenses that said adjustments represent.
SEVENTH.- OWNERSHIP OF THE WORKS “KIUBIX” agrees that it may not disclose through publications, conferences, reports or any other form the data and results obtained from the works that are the subject of this contract, without the express written authorization of " THE CUSTOMER", since said data and results are the property of the latter.
EIGHTH.- LABOR RELATIONS “KIUBIX”, as employer and employer of the personnel it employs for the work covered by this contract, will be solely responsible for the obligations derived from the legal provisions and other regulations regarding work and social security. and agrees, therefore, to respond to all claims that its workers present against it or against "THE CLIENT", in relation to the work that is the subject of the contract.
NINTH.- TEMPORARY OR DEFINITIVE SUSPENSION OF THE CONTRACT
"THE CUSTOMER" may suspend the service temporarily or definitively as long as he has no debts on his account and notifies “KIUBIX” through his legal representative of said cancellation within 90 business days and the total amount stipulated by this period of service.
Cancellation notifications must be sent to the email ayuda@kiubix.com/ administracion@kiubix.com or with a signed letter to the address:
KIUBIX
Arco de la Independencia 301 Interior 1, Col. Los Arcos, C.P. 20146
Otherwise, instead of cancellation the service expires, it should be noted that it is the responsibility of the company “KIUBIX” to take care of the information stored on its servers DURING the period that the client contracts the service, subsequently the corresponding renewal in which “KIUBIX” undertakes to give notice of expiration 15 days in advance under the contact information registered by the clients, once the service expires the company, by internal rules, stores it for a period of 2 months after the date expiration, after said period and if the “CLIENT” does not report or make an agreement/extension, the server account will be terminated, so it is the responsibility of the “CLIENT” to maintain its current service and inform KIUBIX any details you might have.
If there is a loss of information during the contracted period, “KIUBIX” must inform the “CLIENT” of the reason for the mishap and in the event that said loss of information is caused by misuse by the “CLIENT”, the company “KIUBIX” disclaims of any corresponding liability.
We understand by misuse any of the following points:
*Lack of updating their platforms (Example: Wordpress)
*Use of malicious systems.
*Viruses placed in your files.
*Lack of security in your sites/machines/systems/etc.
TENTH.- This Contract constitutes the entire agreement between the parties in relation to its object and leaves void any other negotiation, obligation or communication between them, whether verbal or written, carried out previously.
ELEVENTH.- For the interpretation and fulfillment of this contract as well as for everything that is not expressly stated in it, the parties submit to the jurisdiction of the courts of the City of Aguascalientes, Aguascalientes. Mexico, waiving the jurisdiction that may apply to them due to their present or future domicile or for any other reason.
DOMAIN
It is a unique name that identifies a website on the Internet.
The provision of these services is provided through "KIUBIX" with the beneficiary being "THE CUSTOMER" who explicitly requests and accepts this contract when contracting this service, which cannot be replaced by another document or verbal agreement unless There is an exclusive contract for both parties.
CLAUSES
FIRST. “KIUBIX” informs “THE CUSTOMER” that the domains are governed by NIC MEXICO, likewise “KIUBIX” remains an authorized registrant for registration, administration, payment and technical domains, which are managed under the following policies. record:
Names Reserved for Non-Use. Names that cannot be used to register as domain names under .MX. o Names related to the structure and functions of ICANN.
- aso.mx
- ccnso.mx
- icann.mx
- internic.mx
- gnso.mx
Names related to the structure and functions of IANA.
- afrinic.mx
- apnic.mx
- arin.mx
- example.mx
- gtld-servers.mx
- iab.mx
- iana.mx
- iana-servers.mx
- iesg.mx
- ietf.mx
- irtf.mx
- istf.mx
- lacnic.mx
- latnic.mx
- rfc-editor.mx
- ripe.mx
- root-servers.mx
Names of existing gTLDs.
- aero.mx
- arpa.mx
- asia.mx
- biz.mx
- cat.mx
- com.mx
- coop.mx
- edu.mx
- gov.mx
- info.mx
- int.mx
- jobs.mx
- mil.mx
- mobi.mx
- museum.mx
- name.mx
- net.mx
- org.mx
- pro.mx
- tel.mx
- travel.mx
All Names consisting of one and two characters except those registered before May 1, 2009 or Common Names related to technical aspects of the Internet.
- epp.mx
- ftp.mx
- gopher.mx
- http.mx
- https.mx
- html.mx
- icmp.mx
- igmp.mx
- imap.mx
- ldap.mx
- localhost.mx
- loghost.mx
- loopback.mx
- mailhost.mx
- mailbox.mx
- ntp.mx
- pop.mx
- pop2.mx
- pop3.mx
- root.mx
- shell.mx
- smtp.mx
- snmp.mx
- ssh.mx
- ssl.mx
- syslog.mx
- tcp.mx
- telnet.mx
- udp.mx
- wap.mx
- wpad.mx
Names Reserved for Third Party Use. Names reserved for the particular use of some entities or Common names of the states of the Mexican Republic reserved for state governments (Recommendation of the Consultative Committee accepted by NIC México).
- Aguascalientes.mx
- Bajacalifornia.mx
- Bajacaliforniasur.mx
- Campeche.mx
- Chiapas.mx
- Chihuahua.mx
- Coahuila.mx
- Colima.mx
- Distritofederal.mx
- Durango.mx
- Morelos.mx
- Estadodemexico.mx
- Guanajuato.mx
- Guerrero.mx
- Hidalgo.mx
- Jalisco.mx
- Michoacan.mx
- Nayarit.mx
- Nuevoleon.mx
- Oaxaca.mx
- Puebla.mx
- Quintanaroo.mx
- Queretaro.mx
SECOND.- “KIUBIX” informs that in the registry of the selected domain it will place the administrative, technical and payment data provided by “THE CUSTOMER” so that an error in the information “KIUBIX” is exempt from any responsibility, likewise will notify the client by email of their domain information, with this being the responsibility of “THE CUSTOMER” to ensure that updated information is always maintained.
THIRD.- Both parties stipulate that “THE CUSTOMER” is the sole owner of the domain and it will belong to him during the contracted period (minimum 1 year)
WEB DEVELOPMENT
WEB Development is the Design and Programming service of an Internet site that may contain one or more WEB pages. The provision of these services is provided through "KIUBIX" with the beneficiary being "THE CUSTOMER" who explicitly requests and accepts this contract when contracting this service, which cannot be replaced by another document or verbal agreement unless There is an exclusive contract for both parties.
CLAUSES
FIRST.- “KIUBIX” is obliged to provide “THE CUSTOMER” and “THE CUSTOMER” agrees to receive from the “supplier” the development and publication of the contracted website according to the quote sent or the published product or service. in the place.
SECOND.- “KIUBIX” reserves the right not to publish what it considers and in accordance with the laws in force in the United Mexican States, any content considered illegal or harmful.
THIRD.- The development and publication of the page is carried out in accordance with the terms stipulated in the quote or contracted service. Indifferently, all WEB developments carried out by “KIUBIX” include:
Presentation of design IDEA for the approval of “THE CLIENT”.
The design and programming of the WEB site and its pages.
The integration of information and images provided by “THE CLIENT”.
The installation and configuration of the site on servers or WEB account compatible with the development.
Unless stipulated in the quote or specific contract between the parties, “KIUBIX” WEB Developments DO NOT INCLUDE:
The design of the corporate image or logo design
The search for information and/or images that the site will contain
Advanced image or photo editing
Contact with third parties other than the client to obtain information
FOURTH.- “KIUBIX” is obliged to maintain absolute confidentiality regarding all the information provided to it or to which it has access, as well as the marketing strategies of “THE CLIENT”.
FIFTH.- Both parties agree that this contract does not apply to the existence of an employment relationship between “THE CLIENT” and the personnel hired by “KIUBIX”, so the former is relieved of any employment responsibility in relation to the personnel who provide services. for “KIUBIX”.
SIXTH.-. “THE CLIENT” is obliged to send to “KIUBIX” by email development@”KIUBIX”.com or to the area coordinator the information and images necessary for the development of the project that is the subject of this contract on the agreed date. In the event that said information and images are not delivered on the previously agreed date, the project delivery time will be shifted by the same difference in days in which all of the information is delivered, but not the date for settlement of the project that It will be on the date stipulated in the eighth clause.
SEVENTH.- Unless due to the estimated development hours, the quote so stipulates, “KIUBIX” is obliged to deliver the final project to “THE CUSTOMER” no later than 60 business days after the date stipulated as the start of the project.
EIGHTH.- “The CLIENT” agrees to pay the amount stipulated in the quote or in the contracted service that has been reflected in the Service Order Generated for the Client. Both parties agree that payment will be made 50% of the cost at the beginning of the project and 50% once it is completed, taking into account that once the project is settled it is published on the website.
NINTH- For all notifications or notices that the parties must give in accordance with this contract, these will be made through the emails development@kiubix.com and help@kiubix.com or in writing at:
KIUBIX
Arco de la Independencia 301 Interior 1, Col. Los Arcos, C.P. 20146
Aguascalientes, Ags
“The CLIENT” accepts that his email and contact address for any project, administrative or legal matter establishes as the address stipulated in the “KIUBIX” Customer System.
TENTH.- For the interpretation and fulfillment of this contract as well as for everything that is not expressly stated in it, the parties submit to the jurisdiction of the courts of the City of Aguascalientes, Aguascalientes. Mexico, waiving the jurisdiction that may apply to them due to their present or future domicile or for any other reason.
PROGRAMMING
The Development of systems for WEB control is the Design and Programming service of an Internet site that may contain one or more WEB pages.
The provision of these services is provided through "KIUBIX" with the beneficiary being "THE CUSTOMER" who explicitly requests and accepts this contract when contracting this service, which cannot be replaced by another document or verbal agreement unless There is an exclusive contract for both parties.
CLAUSES
FIRST.- “KIUBIX” undertakes to provide to “THE CUSTOMER” and “THE CUSTOMER” agrees to receive from “KIUBIX”, the development of “THE CUSTOMER” system.
SECOND.- “KIUBIX” reserves the right not to publish what it considers and in accordance with the laws in force in the United Mexican States, any content considered illegal or harmful.
THIRD.- The development of the system will be based on the following specifications:
1. The service includes the registration of a domain under the name and termination that “THE CLIENT” stipulates, in case of having a domain, the cost of the package will not be modified and it may or may not be used by “THE CLIENT”. .
2. The development and publication of the system is carried out in accordance with the terms stipulated in the quote or contracted service.
3. The programming of the system will be under the specifications that the “client” indicates based on the meetings established for its progress as long as it adapts to the use of hours established in the quote.
4. “THE CLIENT” undertakes to send to “KIUBIX” by mail or to the area coordinator the information for the development of the project that is the subject of this contract on the agreed date. In the event that said information is not delivered on the previously agreed date, the project delivery time will be shifted by the same difference in days in which all of the information is delivered, but not the date for the settlement of the project.
FOURTH.- “The CLIENT” agrees to pay the amount stipulated in the quote or in the contracted service that has been reflected in the Service Order Generated for the Client.
For all notifications or notices that the parties must give in accordance with this contract, they will be made through the emails development@kiubix.com and help@kiubix.com or in writing at:
KIUBIX
KIUBIX
Arco de la Independencia 301 Interior 1, Col. Los Arcos, C.P. 20146
Aguascalientes, Ags
“The CLIENT” accepts that his email and contact address for any project, administrative or legal matter establishes as the address stipulated in the “KIUBIX” Customer System.
FIFTH.- Both parties agree that the delay in providing information does not exempt the “client” from complying with the established payment dates.
SIXTH.- For the interpretation and fulfillment of this contract as well as for everything that is not expressly stated in it, the parties submit to the jurisdiction of the courts of the City of Aguascalientes, Aguascalientes. Mexico, waiving the jurisdiction that may apply to them due to their present or future domicile or for any other reason.
IV. – Confidentiality Agreement
Confidentiality agreement entered into by “KIUBIX” and all its collaborators, either directly or indirectly, by “KIUBIX” on the one hand and by “THE CUSTOMER” on the other hand.
CLAUSES
FIRST.- “THE CUSTOMER” will provide “KIUBIX” with access to all the information required when necessary for it to consider performing its assigned work, in favor of “THE CUSTOMER” related to the technical, economic, commercial, legal and feasibility. tax, among others, to carry out the activities entrusted by “THE CLIENT” and/or its clients. “KIUBIX” recognizes that said information is the exclusive property of “THE CLIENT”, the party that so certifies it and that under no circumstances will they be understood as granting or conferring any right or license over it.
SECOND.- In terms of what is stated in the previous clause, “THE CLIENT” will grant code, access keys to servers, access keys to sites, images and information in general, and information in general is understood as all that provided or generated by “KIUBIX” or any other provider for “THE CUSTOMER” or its clients. Said information will allow “KIUBIX” to make use of the software and hardware and have confidential information of the clients of “THE CLIENT”, in which said accesses or information are developed or to be developed, being able in any case to download or use information sheet in your own computer.
THIRD.- In terms of the provisions of the preceding clause, “THE CLIENT” grants “KIUBIX” personal and non-transferable information, which will allow it to develop its activity as a professional service provider. Both parties agree that the responsibility on the part of “KIUBIX” for said information will be 1 (one) year after “THE CUSTOMER” expresses in writing to “KIUBIX” the end of the relationship in the provision area. of professional service, any request for an extension or modification of the same must be directed to “THE CUSTOMER” who will be the only one authorized to grant it, likewise “KIUBIX” assumes and recognizes the responsibility to which it may be entitled for the misuse or disclosure that of this information was given.
FOURTH.- once the period has elapsed in which “KIUBIX” provides professional services to “THE CLIENT” or at the request of “THE CLIENT”, “KIUBIX” is obliged to remove all software or information to which it had access or that you have downloaded to your computer.
FIFTH.- “KIUBIX” undertakes not to transfer, lease, lend, record, negotiate, reveal, publish, teach, make known, transmit or in any other way disclose or provide to any natural or legal person, national or foreign, public or private, by any means, even when trying to include or deliver it in other documents such as studies, reports, proposals or offers, neither in whole nor in part, for any reason to third parties, natural or legal, national or foreign, public or private, present or future, that have not been previously authorized by “THE CLIENT”.
SIXTH.- “KIUBIX” undertakes not to establish a company equal to the activity similar to that carried out in “THE CLIENT” until 2 (two) years after having provided the services to “THE CLIENT” or its clients.
Likewise, “KIUBIX” expressly agrees that it may not take advantage of or use, in any case, the "confidential information" for itself or for its own purposes. “KIUBIX” assumes the obligation not to reveal “confidential information” during the period in which it provides professional services to “THE CLIENT” and for 1 (one) year after the end of said professional relationship. The obligation not to alienate, lease, lend, encumber, negotiate, reveal, publish, teach, make known, transmit or in any other way disclose or provide to any natural or legal person, national or foreign, public or private, present or future, by any means, including all those indicated in this agreement, is extended to its partners, directors, legal representatives, directors, managers, advisors, dependents and other natural or legal persons who have a relationship with "KIUBIX", so this The latter undertakes to commit the persons referred to in this paragraph to compliance with this agreement and, likewise, not to refer to "confidential information" in public or private, regardless of the purposes of the exhibition, whether lecture, conference or any other means, regardless of whether said lectures or conferences or other means are paid or not.
In the event that “KIUBIX” fails to comply with the obligations under its charge, provided for in this instrument, and that “THE CLIENT” demonstrates responsibility and damage for what was caused, “KIUBIX” will pay “THE CLIENT” a conventional penalty equivalent to the amount that has the cost of the project indicated in the contract for the provision of services or any third party assignee of the aforementioned contract claims against “THE CLIENT” as a result of non-compliance with this agreement.
SEVENTH.- If there is doubt as to whether any information is a commercial secret and, therefore, if it is subject to the terms of this voluntary agreement, it must be treated as confidential and, therefore, will be subject to the terms of this agreement.
EIGHTH.- “KIUBIX” agrees not to enter into with any natural or legal person, national or foreign, public or private, present or future, any type of agreement, agreement, contract, negotiation or assume obligations that are in conflict with this agreement. or that derive from or imply non-compliance thereof.
NINTH.- For the interpretation and fulfillment of this contract as well as for everything that is not expressly stated in it, the parties submit to the jurisdiction of the courts of the City of Aguascalientes, Aguascalientes. Mexico, waiving the jurisdiction that may apply to them due to their present or future domicile or for any other reason.
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