Remote Support Agreement
The service provider, hereinafter referred to as Konexys, a brand specializing in website hosting and domain name registration, represented by David Duarte, Portuguese Tax ID No. 222613866, with its registered address at Avenida de Roma, 118, 2715-611 Montelavar, Portugal.
The contracting party, hereinafter referred to as the Client, whether an individual or legal entity, who completes the service order form available at www.konexys.com, enters into a commercial relationship governed by the terms of this Agreement and acknowledges that they have read, understood, and accepted its provisions.
1. Definitions
Konexys: A brand specializing in website hosting and domain name registration services, which also provides remote technical support, server script installation, and script configuration services.
Client: The individual or legal entity that purchases the remote support services.
Remote Support: A service consisting of diagnosing and resolving technical issues and performing system configuration through a remote connection.
Equipment: The computer, server, or other device provided by the Client for the performance of the services.
Scripts: Collections of files and automated instructions designed to perform specific tasks on the Client's server.
Script Installation: The process of deploying scripts on the Client's server to automate specific tasks or functionalities.
Script Configuration: The process of configuring installed scripts to ensure their proper operation within the Client's server environment.
2. Scope
This Agreement governs the provision of remote support services to the Client, including the installation, configuration, and maintenance of systems on the Equipment provided by the Client, as well as technical assistance for troubleshooting and resolving technical issues.
3. Provision of Services
Remote support services may include:
- Diagnosis and resolution of technical issues;
- Installation and configuration of software and operating systems;
- Software updates;
- Installation and configuration of scripts, including integration with databases and other systems within the Client's server environment.
4. DNS Configuration
For Clients whose domain name and/or hosting service is not provided by Konexys, remote support services may, upon request, include the review, configuration, and modification of DNS records, including, but not limited to, A, AAAA, CNAME, MX, TXT, SRV, NS, and other technically supported record types, through the domain registrar or the DNS service provider designated by the Client.
The Client represents that they are the domain name registrant or are acting on behalf of the registrant and have the necessary authority to authorize the requested changes. The Client further agrees to:
- Expressly authorize Konexys to perform the requested DNS changes, either by providing written authorization or by supplying access credentials to the relevant management panel;
- Review and approve, in writing, the intended DNS configuration prior to implementation. Such configuration may be established with the technical guidance provided by Konexys as part of this service.
Whenever technically feasible, Konexys will make reasonable efforts to create a backup of the existing DNS configuration before applying any changes. Konexys may also assist in recovering previous DNS configurations using DNS history tools; however, no guarantee is provided that the original configuration can be fully or accurately restored, as these tools rely on third-party data and only reflect records that were previously propagated publicly. Any recovered configuration must be reviewed and approved by the Client before implementation.
The Client acknowledges that DNS changes may take up to 48 hours to fully propagate, depending on configured TTL values, DNS resolver policies, and other factors beyond the control of Konexys.
Konexys will use commercially reasonable efforts to minimize service interruptions; however, it cannot guarantee that temporary periods of unavailability will not occur during or after DNS modifications.
Konexys shall not be liable for any consequences arising from:
- Incorrect, incomplete, ambiguous, or outdated information provided by the Client;
- Failures, limitations, service outages, or policy changes implemented by the domain registrar, DNS provider, or any other third-party service provider;
- Delays in DNS propagation resulting from factors beyond the control of Konexys;
- The inability to fully restore previous DNS configurations using DNS history tools;
- Temporary interruptions to websites, email services, or any other services dependent upon DNS configuration, where such interruptions result directly or indirectly from changes requested by the Client or from technical limitations beyond the control of Konexys.
The general Limitation of Liability provisions set forth in this Agreement shall also apply to this service.
5. Prices and Payment Terms
The current fees for the services are published at konexys.com/store/services. Payment must be made in advance.
6. Charges for Additional Support
Additional support requests shall be billed separately unless it is demonstrated that the need for such support resulted directly from an error made by Konexys during a previous intervention. In such case, Konexys shall not charge for the additional support required to correct the original error.
7. Konexys Responsibilities
Konexys shall:
- Perform the services with reasonable skill, care, and diligence;
- Protect the privacy and security of the Client's information during the provision of the services;
- Provide technical solutions intended to ensure the proper operation of the Client's equipment;
- Install and configure scripts according to the Client's specific requirements, ensuring their proper integration and operation within the existing server environment.
8. Client Responsibilities
The Client shall:
- Provide the remote access necessary for the performance of the services;
- Create backups of all important data before the services are performed;
- Follow the instructions and technical recommendations provided by Konexys;
- Provide all information required for the installation and configuration of scripts, including specific requirements and access to databases or other related systems.
9. Limitation of Liability
Konexys shall not be liable for any failures, damages, or technical issues arising from the provision of remote support services or from the installation or configuration of scripts, except where such failures result directly from a proven error or negligence on the part of Konexys in performing the services. The Client remains solely responsible for safeguarding their data and is strongly advised to maintain regular backups before and after any technical intervention.
10. Force Majeure
Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from events beyond its reasonable control, including, without limitation, natural disasters, internet outages, power failures, governmental actions, or other force majeure events.
11. Confidentiality
Each Party agrees to keep confidential all non-public information obtained in connection with the services provided under this Agreement and shall not disclose such information to any third party except where required by applicable law, court order, or other competent legal authority.
12. Applicable Law and Jurisdiction
12.1 This Agreement shall be governed by and construed in accordance with the laws of Portugal. Any matters not expressly provided for herein, as well as the interpretation and enforcement of this Agreement, shall be subject to Portuguese law.
12.2 In the event of any dispute arising from the interpretation or performance of this Agreement that cannot be resolved amicably, the Client may submit the dispute to:
Lisbon Consumer Conflict Arbitration Centre
Rua dos Douradores, 116, 2nd Floor
1100-207 Lisbon, Portugal
Phone: +351 218 807 030
Fax: +351 218 807 038
Email: juridico@centroarbitragemlisboa.pt
Website: www.centroarbitragemlisboa.pt
Additional information is available at www.consumidor.pt. Each Party shall bear its own costs associated with the arbitration proceedings.
12.3 Nothing in this Agreement shall prevent either Party from seeking relief through the courts where permitted by applicable law. In such event, the courts of Sintra, Portugal, shall have exclusive jurisdiction to hear any dispute arising out of or relating to this Agreement, to the extent permitted by applicable procedural law, and the Client expressly waives any other jurisdiction that may otherwise apply.
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