Terms, Conditions of Service and Acceptable Use Policies

01Acceptance and changes

1.1. Contracting, paying for or using any service implies acceptance of these terms. If the Client does not agree, they must refrain from contracting or request the cancellation of their active services.

1.2. ENKO WebStudio may update these terms. Changes will be published at enko.com.mx/politicas-de-uso and notified by email to the registered contact at least 30 calendar days before they take effect.

1.3. For services contracted before a change, the new terms apply from the next renewal. If the Client does not accept the changes, they may cancel before that date without penalty.

02Definitions

• Client: individual or legal entity that contracts ENKO WebStudio services or products.
• Services: custom projects quoted through a technical proposal (web development, eCommerce, custom systems, positioning and managed infrastructure).
• Products: fixed-scope services with periodic renewal (hosting, domains, email and third-party licenses).
• Expiration date: last day of the paid service period.
• Registered contact: email and phone number provided by the Client for notices; keeping them up to date is the Client's responsibility.
• Inode: each file, folder or email stored in a hosting account.

03Services and products

04Custom projects

4.1. Scope. Each project is limited to what is described in its technical proposal. Features, sections or integrations not included are quoted separately before being carried out.

4.2. Down payment and payments. The project starts upon receipt of the down payment indicated in the proposal. Remaining payments are made according to the agreed schedule.

4.3. Content and approvals. The Client provides the necessary texts, images, logos and access, and guarantees that they have the right to use them. Delays in the Client's deliveries or approvals push back the schedule by the same amount.

4.4. Revisions. Each deliverable includes the rounds of revision indicated in the proposal. Additional changes or changes to an already approved stage are quoted separately.

4.5. Stalled project. If the project remains without a response from the Client for more than 30 calendar days, ENKO WebStudio may consider it paused. Resuming it may require rescheduling and a cost adjustment; down payments cover work already done and are non-refundable.

4.6. Delivery. The project is considered accepted when published or 10 business days after delivery without written comments. Adjustments after acceptance are handled as support or maintenance.

05Positioning (GEO, SEO and SEM)

5.1. GEO refers to visibility in Artificial Intelligence–based search engines (for example, ChatGPT or Google's AI answers); SEO to organic positioning; and SEM to paid campaigns.

5.2. ENKO WebStudio applies best practices, but does not guarantee specific rankings, mentions, traffic or sales. Results depend on third-party algorithms that change without notice, on competition and on the Client's site.

5.3. Advertising spend (Google Ads, Meta Ads or other platforms) is separate from management fees and is paid by the Client directly to the platform, unless the proposal states otherwise.

5.4. Advertising accounts must be in the Client's name. Approval, suspension or rejection of ads depends on each platform's policies.

06Availability (SLA)

6.1. ENKO infrastructure. ENKO WebStudio strives for network availability of 99.9% per year for hosting, professional email and managed infrastructure. It operates in world-class data centers of Amazon Web Services (AWS), in the Querétaro, Mexico region, and of InMotion Hosting. Service status can be checked at status.enko.com.mx.

6.2. Third-party services. The availability of Google Workspace, Microsoft 365 and Amazon WorkMail is governed exclusively by their manufacturers' service level agreements.

6.3. Exclusions. The following do not count as unavailability:

• Scheduled maintenance, announced at least 24 hours in advance.
• Emergency security maintenance.
• Failures of internet providers, power or external networks.
• Denial-of-service (DDoS) attacks.
• Errors in code, plugins or configurations made by the Client or third parties hired by the Client.
• Suspensions for non-payment or breach of these terms.

07Technical support

7.1. Channels. WhatsApp, email and sessions scheduled at cal.com/enko-webstudio. Remote support is provided with tools such as TeamViewer or RustDesk, always with the Client's authorization.

7.2. Hours. Monday to Friday from 8:00 a.m. to 6:00 p.m., Central Mexico time. Critical server incidents are handled as soon as they are detected.

7.3. Includes: attention to failures in ENKO's infrastructure, initial setup of email accounts on devices, and guidance on the use of contracted products.

7.4. Condition for email support. Included email support applies only when both the email and the domain are managed by ENKO WebStudio.

7.5. Does not include (quoted per event): failures in the Client's equipment, networks or software; services managed by third parties; training; design or content changes; migrations; and cleanup of compromised sites.

08Acceptable use (AUP)

8.1. Prohibited content and activities. The ENKO WebStudio infrastructure, and the systems it develops, may not be used to host, transmit, sell or promote:

1. Material that infringes copyrights, trademarks or patents (unlicensed software, music or video).
2. Child sexual abuse material, content that incites hatred, violence or discrimination, or any content that is illegal in Mexico.
3. Phishing, identity theft or fraud.
4. Malicious software (viruses, trojans, ransomware, spyware).
5. Port scanning, attacks on other systems, open proxies or intrusion tools.
6. Cryptocurrency mining.

8.2. Use of resources on shared hosting. Resources are governed by a principle of fair business use, even on plans advertised as “unlimited”:

• Storage: exclusively for the files and email of the active site. Hosting may not be used as storage for personal backups or as a repository for mass downloads.
• Inodes: maximum 200,000 inodes per account.
• CPU: processes that consume more than 25% of the CPU of the server for more than 90 seconds will be automatically limited or terminated.

8.3. If an account exceeds these limits, ENKO WebStudio will notify the Client so they can reduce usage or migrate to a suitable plan. If the excess puts other clients at risk, the account may be limited immediately.

8.4. ENKO WebStudio may suspend without prior notice any service that violates this section and, when required by law, cooperate with the competent authorities.

09Anti-SPAM policy

9.1. ENKO WebStudio maintains zero tolerance for unsolicited email (SPAM).

9.2. Mass mailing and the use of distribution lists from shared hosting or professional email are prohibited. For newsletters and email marketing, the Client must use specialized platforms.

9.3. Transactional emails from the site are allowed (contact forms, order confirmations, password recovery).

9.4. Detection of SPAM originating from an account, including sending from a compromised account, results in immediate suspension of the email service. If the SPAM is intentional, the suspension is permanent and without refund.

10Security

10.1. Updates. The Client is responsible for keeping code, content management systems (such as WordPress), themes and plugins up to date, unless they have contracted a maintenance plan with ENKO WebStudio.

10.2. Compromised sites. If a site is compromised, ENKO WebStudio may suspend it preventively to stop malware from spreading to other clients, and will notify the registered contact. The Client may clean it by their own means or contract the product Hacked website recovery.

10.3. Credentials. The Client is responsible for the confidentiality of their passwords and of the accounts they share with third parties. ENKO WebStudio will never ask for passwords through unofficial channels.

11Backups

11.1. ENKO WebStudio makes courtesy backups of its infrastructure for disaster recovery purposes. They are not a backup service for the Client, and their frequency and retention may vary.

11.2. The Client is solely responsible for keeping their own up-to-date copies of their site, databases and email.

11.3. ENKO WebStudio is not liable for data loss caused by hacks, errors or omissions by the Client, or by deletion resulting from termination of the service (section 16).

12Domains

12.1. ENKO WebStudio acts as an intermediary with registries and registrars (.com, .mx and other extensions). By default, the domain is registered in the name of ENKO WebStudio, which manages it on the Client's behalf. At the Client's request, it is registered in the Client's name as registrant.

12.2. As long as their payments are up to date, the Client may request at any time that the domain be placed in their name, as well as the authorization code to transfer it to another provider.

12.3. If a domain is not renewed before it expires, the site and email may stop resolving. Its later recovery is subject to the grace periods and restoration fees set by the registry of each extension, in addition to any ENKO WebStudio charge. After those periods, the domain may become available to anyone.

12.4. The Client is responsible for ensuring that the domain name does not infringe third-party trademarks or rights.

13Third-party licenses (Google Workspace, Microsoft 365 and Amazon WorkMail)

13.1. ENKO WebStudio resells, configures and manages these licenses. The Client also accepts each manufacturer's terms and usage policies.

13.2. Prices. Licenses may be quoted with reference to US dollars and are adjusted when the manufacturer changes its price or when the exchange rate varies, even if the adjustment exceeds the range in section 15.

13.3. Commitments. Some licenses carry an annual commitment from the manufacturer: they cannot be reduced or canceled mid-term without paying for the full term.

13.4. Data. Retention or deletion of email and files when a license expires is governed by the manufacturer's policies. The Client must export their information before canceling.

14Intellectual property

14.1. Economic rights over the design, the source code developed specifically and the architecture of custom projects are transferred to the Client upon full payment of the fees in their technical proposal. In the meantime, the Client holds a license of use.

14.2. Third-party components. Third-party themes, plugins, libraries, fonts and images keep their own licenses; the Client receives the right to use them under the terms of each license, not ownership. Paid licenses with periodic renewal are covered by the Client.

14.3. Proprietary tools. ENKO WebStudio retains ownership of its tools, base templates, reusable libraries and general technical know-how, and grants the Client a perpetual license to use them within their project.

14.4. Client content. The Client's texts, images, logos and data remain theirs.

14.5. Portfolio. Unless the Client requests otherwise in writing, ENKO WebStudio may mention the project and show screenshots in its portfolio, without revealing confidential information.

15Billing, payments and renewals

15.1. Advance payment. Products are paid in advance, before the start of each period.

15.2. Prices and taxes. Prices are expressed in Mexican pesos (MXN) plus VAT (IVA), unless another currency is indicated. When the Client is a legal entity, the withholdings required by law will apply.

15.3. Invoicing (CFDI). To issue an invoice, the Client must provide their current Constancia de Situación Fiscal (tax status certificate) and CFDI use. ENKO WebStudio is not responsible for invoices with incorrect data provided by the Client.

15.4. Automatic renewal. Annual services renew automatically. The renewal notice and its invoice are sent 30 calendar days before the expiration date. To avoid renewal, the Client must give notice before the expiration date (section 17).

15.5. Annual adjustment. Due to inflation and infrastructure costs, renewals may increase between 3% and 5% per year. Third-party licenses follow the rule in section 13.2.

16Suspension, reactivation and deletion for non-payment

16.1. If the Client does not pay their invoice on time, the service is suspended immediately on the expiration date. From the suspension, the Client has 7 calendar days to pay for the service without surcharges. If not paid within that period, the Client has another 7 calendar days to renew, also paying a reactivation administrative fee of $900.00 MXN + VAT. If the Client does not renew within that second period either, their information hosted on ENKO WebStudio's infrastructure will be permanently deleted. The complete timeline, counted from the expiration date, is:

16.2. ENKO WebStudio will send reminders to the registered contact at least on the day of suspension, on day 7 and on day 12.

16.3. Services are reactivated within a maximum of 24 hours from confirmation of payment.

16.4. The day-15 deletion applies to information hosted on ENKO WebStudio's infrastructure (hosting and professional email). Domains follow section 12.3 and third-party licenses section 13.4.

17Cancellation

17.1. The Client may cancel any service by giving written notice to ENKO WebStudio's email at least 5 calendar days before the expiration date.

17.2. There are no refunds for unused periods of annual contracts, except in the case of section 1.3.

17.3. When the paid period of a canceled service ends, its information is permanently deleted. The Client must download their files, databases and email before that date.

17.4. ENKO WebStudio may terminate a service for serious breach of these terms (sections 8 and 9), without refund of the remaining period.

18Limitation of liability

18.1. ENKO WebStudio's total liability to the Client for any claim is limited to the amount paid for the affected service during the 12 months prior to the event giving rise to it.

18.2. ENKO WebStudio is not liable for indirect damages, lost profits, or loss of sales or business opportunities.

18.3. Neither party is liable for failures caused by acts of God or force majeure, including widespread failures of cloud, power or telecommunications providers.

19Personal data and confidentiality

19.1. ENKO WebStudio processes the Client's personal data in accordance with its Privacy Notice.

19.2. With respect to the data the Client hosts on the services (for example, that of their own customers), the Client is responsible for its processing and ENKO WebStudio only accesses it when necessary to provide the service or support.

19.3. Both parties will keep confidential the technical and commercial information they receive from the other.

20Notices

Notices are sent to the Client's registered contact and, from the Client, to [email protected]. A notice sent to the registered contact is considered received even if the Client does not read it; therefore keeping it up to date is the Client's responsibility.

21Jurisdiction and governing law

These policies are governed by the laws of the United Mexican States. For their interpretation and enforcement, the parties submit to the competent courts of San Luis Potosí, S.L.P., and waive any other jurisdiction by reason of their present or future domiciles. This is without prejudice to the rights that, where applicable, the Federal Consumer Protection Law grants to clients who qualify as consumers.