Last updated: May 8, 2025
Notice: In case of discrepancies, the English version of these Terms shall prevail.
Important: Digital acceptance of this contract constitutes full and binding agreement.
1. Definitions and Parties
Provider: NEXTDATA, C.A. (RIF J-40846906-5), hereinafter “KlicSite”
Client: Any individual or legal entity contracting any Service offered by KlicSite under the SaaS model.
“Services”: Any digital provision by KlicSite, including but not limited to:
Web design and development
Managed hosting
Maintenance and support
Domain registration, management and renewal
Branding and visual identity
Digital marketing (SEO, SEM, email marketing, campaign management)
Integrations and artificial intelligence (AI) solutions
Chatbots, automation, eCommerce, and technology add-ons
“Client Content”: Any information, text, image, data, document, file, trademark, distinctive sign, personal data or material provided by the Client for use in the Services.
“Plan”: The specific subscription scheme contracted by the Client, determining the scope, price, and limitations of the Service.
2. Purpose and Nature of the Agreement
This document governs the provision of KlicSite Services under a digital rental model (SaaS), whereby the Client acquires a limited, non-exclusive, non-transferable, and revocable right to use the Services, under the conditions set forth herein.
This contract DOES NOT imply any transfer of ownership of source code, infrastructure, tools, or intellectual property rights except as expressly provided.
3. Scope of Services
Includes:
Design, initial setup, and publication of the website according to the contracted Plan.
Managed hosting, with no Client access to infrastructure, technical panels, FTP, cPanel, SSH, or databases.
CMS access strictly limited to Author role (not Editor or Admin).
Domain registration and management (in Client’s name while the subscription is active).
Weekly backups with 30-day retention.
Preventive and corrective maintenance.
Branding, corporate identity, graphic design, and visual materials as per Plan.
Implementation, setup, and management of digital marketing campaigns, on-page and advanced SEO, social profile management, and online reputation.
Integration of chatbots, automation tools, AI, eCommerce plugins, and specific functionalities as per Plan.
Multichannel technical support and consultancy in Spanish.
Exclusions and Limitations:
No legal, accounting, or tax advice included.
No guarantee of SEO positioning, marketing success, or any specific commercial result.
KlicSite may modify, update, or replace technologies, vendors, and features, provided the essential functionality of the Service is preserved.
The Client is responsible for the truthfulness, legality, and updating of their Content.
4. Intellectual Property and Usage License
Ownership: KlicSite and/or its licensors retain all intellectual property rights over software, templates, code, designs, databases, processes, integrations, algorithms, interfaces, AI-generated content, graphics, and any other developed element.
License: The Client is granted a limited, non-exclusive, non-sublicensable, non-transferable right, conditional on valid subscription payment, to use the website and digital services as provided.
Restrictions: Reproduction, modification, reverse engineering, decompilation, assignment, sublicensing, extraction, or copying of KlicSite components, in whole or in part, is strictly prohibited without express written authorization.
AI-generated content: The Client acknowledges that the use of AI-based functionalities (texts, images, recommendations) is subject to the terms and limitations of technology providers. KlicSite does not guarantee originality, accuracy, or legality of such automated content, which is delivered “as is” and at Client’s risk.
Export of content: Upon termination, the Client may request the export of original content provided, but not of source code, templates, or elements protected by KlicSite.
5. Client Obligations and Responsibilities
Maintain absolute confidentiality of access credentials. Shared or delegated access to third parties is prohibited.
Do not use the services for illegal, fraudulent, defamatory, injurious, pornographic, discriminatory, or third-party rights-infringing purposes.
Provide truthful, updated, and legal information and documentation.
Locally safeguard backup copies of provided assets.
Assume full responsibility before KlicSite and third parties for any damage, loss, or claim arising from use or publication of their Content.
Inform KlicSite of any security incident, unauthorized use, or suspected vulnerability.
6. Security, Data Protection and Privacy
KlicSite uses practices aligned with GDPR (EU) and CCPA (California), and may transfer personal data to the U.S. or other jurisdictions using valid mechanisms (SCCs, Privacy Framework, etc.).
Authorized subprocessors: Amazon Web Services (infrastructure), Meta, Google, OpenAI, SendGrid, and others necessary for Service provision.
The Client consents to the use, processing, and international transfer of data as per the Privacy Notice.
KlicSite may anonymize and use aggregated data for statistical purposes, service improvement, and AI model training, without identifying the Client.
The Client is responsible for compliance with all local privacy, legal notice, and required consents for visitors to their website.
7. SLA, Service Levels, and Support
Availability: 99% monthly uptime.
Ticket support: 24/7 via platform.
WhatsApp support: Mon–Fri 08:00–20:00 UTC-4; Sat 08:00–13:00; Sun closed.
Response times: 24 business hours maximum for general incidents. Critical incidents prioritized.
8. Plans, Billing, and Pricing
Prices in United States Dollars (USD).
Billing cycles: monthly or annual, prepaid.
Automatic renewal unless canceled in advance.
Charge notice to Client 7 days in advance.
Three automatic collection attempts (days 3, 7, and 14 after due date).
Grace period: 14 days before suspension.
Local taxes and withholdings solely borne by the Client.
KlicSite may adjust rates annually, notifying at least 30 days in advance.
9. Upgrades, Plan Changes, and Features
The Client may request upgrades or plan changes at any time, effective from the next cycle.
KlicSite may add, remove, or modify Plan features, provided the essential contracted scope is not reduced.
Custom developments, special integrations, and bespoke services are subject to separate quotation and agreement.
10. Refunds, Chargebacks, and Penalties
80% refund if cancellation is requested within the first 7 days and design or Service delivery has not started.
No refunds for work already started, delivered, or for renewals.
Refunds will only be processed via the original payment method, excluding gateway or transaction fees.
Unjustified chargebacks will trigger automatic penalties, immediate suspension, and extrajudicial or judicial collection, including administrative fees (minimum USD 50).
The Client agrees to contact KlicSite first before initiating any chargeback process.
11. Acceptable Use, Restrictions, and Content Removal
Prohibited to publish, transmit or host content that:
Infringes copyrights, trademarks, patents, or trade secrets.
Is defamatory, misleading, fraudulent, spam, phishing, or contains malware.
Promotes illegal activities, gambling, pyramid schemes, violence, discrimination, child exploitation, etc.
KlicSite may immediately remove or suspend any content violating this Acceptable Use Policy (AUP).
The Client may submit a written defense within 5 business days.
12. Limitation of Liability and Disclaimer
KlicSite’s total liability is limited, in any case, to the amount paid by the Client in the 12 months prior to the event causing the claim.
In no event will KlicSite be liable for indirect damages, lost profits, loss of data, reputation, income, savings, or expectations.
No liability for failures attributable to third-party providers, force majeure events (disasters, war, pandemics, massive outages, cyberattacks), regulated interruptions or events beyond KlicSite’s reasonable control.
13. Indemnification
The Client shall hold KlicSite, its directors and employees harmless from any claim, damage or expense arising from the use of the Service, publication of content, violation of rights or contractual breach.
14. Termination, Suspension, and Data Deletion
Overdue >14 days: Service suspension and site takedown.
Inactivity >30 days: permanent deletion of all data, with no possibility of recovery.
Serious breach of AUP: immediate termination without refund.
Unilateral decision by Client: 7 days prior notice. No refund for current cycle.
KlicSite may retain access or information until full payment of outstanding balances.
15. Assignment, Subcontracting, and Corporate Changes
KlicSite may assign this contract, transfer rights or obligations, subcontract, merge or sell assets to third parties, notifying the Client at least 30 days in advance.
The Client may not assign, sublicense, or transfer their access or rights without KlicSite’s written authorization.
16. International Compliance and Export Restrictions
The Client declares that its use and activity comply with local regulations, including commerce, tax, privacy and required legal notices in their jurisdiction.
The Service may not be used or exported in violation of export control laws or in countries sanctioned by the US.
KlicSite may suspend services in case of regulatory risk, legal non-compliance, or authority requirement.
17. Governing Law, Jurisdiction, and Dispute Resolution
Governing law: State of Florida, USA.
Exclusive jurisdiction: Courts of Miami, FL.
Before any litigation, the parties shall attempt to resolve disputes through mediation or arbitration administered by the American Arbitration Association (AAA), in English or Spanish.
18. Update and Acceptance of Terms
KlicSite may modify these Terms by notifying the Client at least 15 days before entry into force.
Continued use of the Service after notice of a change implies full and binding acceptance.
The Client acknowledges and accepts that the digitally accepted version constitutes valid and sufficient proof of contractual consent.
19. Notices and Official Contact
NEXTDATA, C.A. – KlicSite
Sec. Camino Nuevo, Calle 4, Office #10-B, Simón Bolívar Municipality, Barcelona 6001, Anzoátegui, Venezuela
Email: admin@nextdatala.com
LEGAL DISCLAIMER:
This information is provided for guidance only and does not constitute personalized legal advice nor create an attorney-client relationship.
Diseño Web
Branding
Marketing Digital
Optimización SEO
Inteligencia Artificial
