Terms and conditions of service

1. Acceptance and capacity

The Customer accepts this agreement by creating an order, paying for a service, activating a free trial or using any eCloud service. Click acceptance, payment and use constitute a valid expression of consent equivalent to a signature.

The Customer declares being of legal age, having capacity to contract and, when acting for a company, being authorized to bind it. Identification and billing details must be accurate and kept up to date; eCloud may suspend the service if they are false or incomplete.

2. Definitions

Services: shared web hosting with the Plesk panel, domain registration and management, business email, website and application development, and any additional service described at server-ecloud.com.

Order: the request created on the site with its number, details, price, currency and applied rate. Panel: the service administration area. Customer Content: every file, data, email, database or information the Customer hosts or transmits using the Services.

3. Scope and provision of services

eCloud provides the Services on infrastructure contracted from data-center providers located in Miami (United States) and Germany (European Union), and manages the platform, panel, backups and support. The Customer agrees that its data is hosted and processed in those locations.

Hosting plans are shared: several customers share a server's resources under fair-use technical limits. Domains are registered through ICANN-accredited registrars, or NIC.ve for .ve, subject to their policies. Software development is additionally governed by the commercial proposal and schedule approved in writing, which form part of this agreement.

eCloud may modify, improve or replace technical components of the platform without altering the essential features contracted, giving reasonable notice when the change requires action by the Customer.

4. Account, credentials and security

The Customer is responsible for keeping panel, email and application credentials confidential and for all activity performed with them. The Customer must use strong passwords, keep installed applications (such as WordPress, themes and plugins) updated and report any unauthorized access immediately.

eCloud is not liable for unauthorized access resulting from weak, shared or leaked credentials, or from vulnerabilities in software installed by the Customer.

5. Prices, currency, taxes and BCV rate

Prices are published in US dollars (USD) as the currency of account, as permitted by Exchange Agreement No. 1 and applicable regulations. The Customer may pay in bolívares at the official rate published by the Central Bank of Venezuela (BCV) on the day of payment, or in foreign currency via PayPal or Binance Pay, at the same published price with no currency surcharge.

Payments in bolívares include Value Added Tax (VAT) at the applicable rate. Where required by law, payments in foreign currency or crypto-assets are subject to the Tax on Large Financial Transactions (IGTF) and any other applicable tax, which will be shown before payment. eCloud issues invoices in accordance with SENIAT regulations.

When an order is created, the bolívar amount is calculated at the day's BCV rate and held for 30 minutes. After that, it is recalculated at the rate in force at payment time. The rate actually applied is recorded on the order and invoice. eCloud does not bear exchange differences after payment or fees charged to the Customer by banks or gateways.

6. Payments, verification and chargebacks

We accept Pago Móvil and bank transfer in bolívares, PayPal and Binance Pay. No service is activated on a browser confirmation alone: every payment is verified against the bank, PayPal or Binance before activation. Reporting a reference does not constitute payment until verified.

The Customer undertakes to pay from accounts it owns or from authorized third parties. If a payment is reversed, rejected or disputed (chargeback) without first requesting a refund under the Guarantee policy, eCloud may immediately suspend the services, charge the handling costs and fees incurred, and require payment of the outstanding balance before reactivation.

Incomplete payments or payments with incorrect references remain pending until clarified; eCloud is not liable for delays attributable to banks, gateways or incorrect data supplied by the Customer.

7. Term, renewal, expiry and suspension

Services are contracted for the chosen period (monthly or annual) and renew for equal periods at the price published on the site at renewal time. eCloud sends notices by email and WhatsApp 30, 7 and 1 day before expiry; the Customer is responsible for keeping contact details current.

If the period expires unpaid, the service is suspended after 7 days. If payment is not regularized within 30 days of expiry, eCloud may permanently delete the service data after email notice. Reactivation after suspension may require payment of the full period and, where applicable, a previously disclosed reactivation fee.

Expired domains follow the registrar's and ICANN's grace, redemption and release periods; recovering a domain in redemption carries additional registrar fees.

8. Free trial

eCloud may offer a 7-day free trial of the Basic plan, without payment or card, activated over WhatsApp and limited to one per natural or legal person. The acceptable use policy and resource limits apply in full during the trial; bulk email is blocked.

If the trial ends without a purchase, the service is suspended and its data deleted after 15 days. eCloud may refuse or end a trial upon detecting abuse, duplication or risk to the platform.

9. Money-back guarantee

eCloud voluntarily offers a 30-day money-back guarantee on the first payment of a hosting plan, under the terms, exclusions and procedure of the Guarantee and refunds policy, which forms part of this agreement.

10. Acceptable use policy

It is prohibited to use the Services, directly or indirectly, to: send unsolicited, bulk or spoofed email; conduct phishing, impersonation or fraud; host or distribute malware, exploits or intrusion tools; mine crypto-assets or run processes consuming disproportionate resources; operate proxies, open VPNs, exit nodes or anonymization services; host or link child sexual abuse material, content inciting violence or hatred, or content violating Venezuelan law or the law of the data-center country; infringe copyright, trademarks or trade secrets; carry out attacks, scans or penetration tests against third parties or eCloud; use storage as a backup, archive or media repository unrelated to the hosted site; perform abusive scraping or automated queries that degrade the service; and any conduct defined as an offence under the Special Law against Computer Crimes.

eCloud may immediately suspend, without notice or refund, any service breaching this policy, endangering the platform, other customers or third parties, or subject to a valid order from a competent authority. The Customer is liable for damages, fines and costs its breach causes eCloud.

11. Resources, fair use and unlimited services

Plans state storage, mailboxes and sites. The terms unlimited or no limit mean no fixed maximum is set for normal use of a website; they do not authorize use that affects server stability. Technical limits on CPU, memory, concurrent processes, inodes and emails per hour apply and are documented in the panel.

If a service exceeds reasonable use, eCloud will notify the Customer and propose a higher plan. If the excess persists or affects other customers, eCloud may limit resources or suspend the service until regularized.

12. Domains

Domains are registered in the Customer's name, who owns them and may transfer them under registrar rules (including the 60-day transfer lock after registration). The Customer warrants that registration data is accurate and that the name does not infringe third-party rights, and accepts ICANN and registrar policies, including the dispute resolution policy (UDRP).

Domain registrations, transfers and renewals are non-refundable once executed. The free first-year .com is granted with annual plans; if the plan is cancelled before the year ends, the domain is charged at list price to keep it, or released. .com.ve and .ve domains are handled manually and depend on NIC.ve requirements and timelines.

eCloud is not liable for loss of a domain caused by late payment, outdated contact details or decisions by the registrar or authorities.

13. Email

Email accounts are subject to hourly and daily sending limits to protect the platform's reputation. The Customer undertakes to send only to recipients who have consented, to include opt-out mechanisms in commercial emails and not to use purchased lists. eCloud configures SPF, DKIM and DMARC but does not guarantee delivery to third-party inboxes, which depends on their filters.

14. Backups and Customer data

eCloud takes daily backups of hosting services, keeps them for at least 7 days in a location separate from the main server and allows restoration from the panel. Backups are a contingency measure provided with due diligence, not a historical archive or an absolute guarantee of recovery.

The Customer is responsible for keeping its own copies of its site, databases and email and for retrieving its data before termination. eCloud may keep backups for up to 30 days after termination and then permanently delete them.

15. Website and application development

Development projects are executed under the approved proposal, by milestones, with non-refundable partial payments as deliverables are handed over. Scope changes are quoted separately. The Customer must provide content, access and approvals within the agreed timelines; delays attributable to the Customer extend the schedule.

Once the full price is paid, the Customer acquires ownership of the custom source code and deliverables, except third-party components (themes, plugins, libraries, services) governed by their own licenses, and eCloud's pre-existing tools and know-how, for which a non-exclusive license of use is granted. eCloud may reference the project in its portfolio unless otherwise agreed in writing.

16. Customer Content and warranties

The Customer is solely responsible for the Content it hosts or transmits and warrants that it holds the necessary rights and authorizations, complies with applicable law and does not harm third-party rights. eCloud does not monitor the Content, does not adopt it and is not liable for it.

The Customer shall indemnify and hold eCloud harmless from any claim, penalty, damage or cost, including legal fees, arising from its Content, its use of the Services or its breach of this agreement.

17. Infringement notices and takedown

Anyone who believes hosted content infringes their rights may notify info@server-ecloud.com identifying the content, the right affected and their contact details. eCloud will assess the notice and may remove or block the content within 48 business hours, informing the Customer, who may submit a counter-notice. eCloud will comply with requests from competent judicial and administrative authorities in accordance with the law.

18. Support and service level

eCloud provides support via WhatsApp, email and tickets. Technical support for platform incidents is available 24 hours; sales and administrative support runs Monday to Friday, 8:00 to 18:00 Caracas time. Support covers the operation of the infrastructure and panel; it does not include development, content editing or fixing bugs in Customer applications, which are quoted separately.

eCloud guarantees 99.9% monthly availability of the hosting infrastructure. Excluded from the calculation are scheduled maintenance announced at least 24 hours in advance, force majeure, failures of external connectivity providers, suspensions for breach and causes attributable to the Customer or its applications. For a proven breach, the sole remedy is a credit in service days proportional to the downtime, capped at one month of service, requested within the following 30 days.

19. Disclaimer of warranties and limitation of liability

Except as expressly provided in this agreement, the Services are provided as is and as available, without additional warranties of fitness for a particular purpose, commercial results, search engine ranking or compatibility with third-party software.

To the maximum extent permitted by Venezuelan law, eCloud's total liability for any claim related to the Services is limited to the amount actually paid by the Customer for the affected service during the 12 months preceding the event. eCloud is not liable for lost profits, loss of data not backed up by the Customer, lost opportunities, indirect, incidental or consequential damages, or for acts or omissions of third parties, including registrars, payment gateways, banks, connectivity providers or authorities.

20. Force majeure and external events

eCloud shall not be liable for delays or failures caused by events beyond its reasonable control, including: national or international power or telecommunications failures, internet provider outages, denial-of-service attacks, natural disasters, conflicts, acts of government, exchange-control measures, blocks or restrictions imposed by payment gateways or foreign providers, international sanctions, data-center or registrar failures, and any comparable cause under the Venezuelan Civil Code.

21. Suspension and termination

The Customer may cancel any service at any time from the panel or in writing; cancellation takes effect at the end of the paid period, without refunds except as provided in the Guarantee policy.

eCloud may suspend or terminate the service with immediate effect in case of non-payment, breach of this agreement or the acceptable use policy, a request from a competent authority, risk to the platform or fraudulent use. Upon termination, the Customer has 15 days to export its data, unless termination is due to unlawful activity. After that period, data is deleted.

22. Personal data and confidentiality

eCloud processes the Customer's personal data under its Privacy policy, respecting Articles 28 and 60 of the Constitution of the Bolivarian Republic of Venezuela and applicable regulations. Both parties shall keep confidential any non-public information accessed in connection with the agreement, except where legally required.

23. eCloud intellectual property

The eCloud brand, website, texts, design, code, materials and documentation belong to eCloud or its licensors and are protected by intellectual property law. This agreement does not transfer any rights over them to the Customer beyond the use of the Services.

24. Assignment and subcontracting

eCloud may subcontract infrastructure, domain registration, payment gateway and messaging providers while remaining responsible to the Customer under this agreement, and may assign the agreement to a successor of its business with notice to the Customer. The Customer may not assign the agreement or resell the Services without written authorization, except under plans expressly intended for agencies.

25. Communications and notices

Communications between the parties are made electronically: registered email, WhatsApp and the client panel. They are deemed received on the business day after sending. The Customer agrees to receive renewal notices, invoices, incident reports and contractual changes through these channels.

26. Governing law, jurisdiction and language

This agreement is governed by the laws of the Bolivarian Republic of Venezuela, in particular the Civil Code, the Commercial Code, the Decree-Law on Data Messages and Electronic Signatures, the Special Law against Computer Crimes and applicable tax and exchange regulations. For any dispute, the parties choose the city of Caracas as special domicile and submit to the jurisdiction of its competent courts, without prejudice to first seeking an amicable solution.

The Spanish version of these terms prevails over any translation.

27. Amendments, severability and entire agreement

eCloud may amend these terms by publishing the new version with its date; changes affecting services already contracted will be notified at least 15 days in advance and the Customer may cancel without penalty before they take effect. Continued use implies acceptance.

If any clause is held invalid, the remaining clauses remain fully effective. This agreement, the Privacy policy, the Guarantee and refunds policy and, where applicable, the approved commercial proposal constitute the entire agreement between the parties and supersede any prior communication.