Skip to Content

STANDARD TERMS AND CONDITIONS 

  1. These Terms and Conditions ("Agreement") govern the Managed Hosting Services ("Services") provided by Business Solution ("Musso BS") to the customer ("Rene's Mexican Products").
  2. 1. Scope of Services

  3. The Provider shall supply managed hosting services for the Client's ERP system, which may include:

    • Cloud server provisioning and management
    • Installation and configuration 
    • Operating system updates and security patches
    • SSL certificate installation and renewal
    • Database management
    • Scheduled backups
    • Server monitoring
    • Disaster recovery support
    • Technical support for hosting-related issues
    • Performance optimization of the hosting environment

    4. Application customizations, module development, data migration, user training, and functional consulting are excluded unless specifically agreed in writing.

    2. Hosting Infrastructure

    The Provider may host the Client's instance on cloud infrastructure provided by third-party providers. The hosting location will be determined based on the Client's selected region and service plan.

    The Provider reserves the right to migrate infrastructure when necessary for maintenance, security, or performance improvements, with reasonable prior notice whenever practical.

    3. Service Availability

    The Provider targets an uptime of 99.9% per calendar month, excluding:

    • Scheduled maintenance
    • Emergency maintenance
    • Internet outages outside the Provider's control
    • Force majeure events
    • Third-party cloud provider failures

    5. Scheduled maintenance will normally be performed during off-peak hours.

    4. Backups

    The Provider will perform automated backups according to the subscribed hosting plan.

    Unless otherwise specified:

    • Daily backups retained for 7 days
    • Weekly backups retained for 4 weeks
    • Monthly backups retained for 3 months

    6. Although backups are regularly monitored, the Client remains responsible for verifying that critical business data is available and suitable for their business continuity requirements.

    5. Security

    The Provider will implement reasonable industry-standard security measures including:

    • Firewall configuration
    • SSL encryption
    • Security patch management
    • Server hardening
    • Malware monitoring where applicable
    • Access controls

    7. No hosting environment can be guaranteed to be completely secure. The Client agrees to use strong passwords, enable multi-factor authentication where available, and protect user credentials.

    6. Client Responsibilities

    The Client agrees to:

    • Maintain accurate account information.
    • Ensure all users comply with security policies.
    • Obtain appropriate software licenses.
    • Ensure all uploaded content complies with applicable laws.
    • Keep custom modules compatible with supported versions.
    • Promptly report suspected security incidents.

    8. The Client is solely responsible for the legality and ownership of all stored data.

    7. Acceptable Use

    The Client shall not use the Services for:

    • Illegal activities
    • Spam or unsolicited email
    • Malware distribution
    • Copyright infringement
    • Cryptocurrency mining
    • Unauthorized penetration testing
    • Activities that adversely affect server performance or security

    9. Violations may result in suspension of service.

    8. Support Services

    Hosting support includes:

    • Server availability issues
    • Backup restoration requests
    • Hosting configuration
    • SSL certificate issues
    • Operating system maintenance
    • Infrastructure-related troubleshooting

    10. Support does not include:

    • Functional ERP consulting
    • Custom module debugging
    • Third-party integrations
    • End-user training
    • Business process consulting

    11. Support is provided during published business hours unless a separate 24×7 support agreement exists.

    9. Updates and Maintenance

    The Provider may install:

    • Security patches
    • Operating system updates
    • Database updates
    • Minor updates
    • Infrastructure improvements

    12. Major version upgrades will only be performed after Client approval unless emergency security considerations require immediate action.

    10. Data Ownership

    All Client business data remains the sole property of the Client.

    The Provider acquires no ownership rights over the Client's databases, uploaded documents, or business information.

    Upon termination, the Client may request an export of their database and files in a mutually agreed format.

    11. Confidentiality

    Both parties agree to keep confidential all non-public business information obtained during the course of the Agreement.

    Confidential information shall not be disclosed except where required by law.

    12. Fees and Payment

    Hosting fees are payable according to the agreed subscription plan.

    Invoices are due within the agreed payment period.

    Late payments may result in:

    • Suspension of services
    • Additional late payment charges where permitted by law
    • Eventual termination after reasonable notice

    13. 13. Suspension of Service

    The Provider may suspend services where:

    • Payments remain overdue
    • Security risks are detected
    • Illegal activity is identified
    • Continued operation threatens infrastructure stability

    14. Where practical, reasonable notice will be provided before suspension.

    14. Limitation of Liability

    To the maximum extent permitted by law:

    • The Provider shall not be liable for indirect, incidental, consequential, or special damages, including loss of profits, revenue, business opportunities, or data.
    • The Provider's total liability arising from the Services shall not exceed the fees paid by the Client for the preceding twelve (12) months.

    15. Nothing in this Agreement excludes liability that cannot legally be excluded.

    15. Force Majeure

    Neither party shall be liable for delays or failures caused by events beyond reasonable control, including natural disasters, internet failures, war, government actions, cyberattacks, or failures of third-party cloud providers.

    16. Term and Termination

    This Agreement continues until terminated by either party.

    Either party may terminate the Agreement by providing 30 days' written notice, unless otherwise agreed.

    Upon termination:

    • Hosting services will cease.
    • The Client may request a final database export within 30 days.
    • Unclaimed data may be permanently deleted after the retention period.

    16. 17. Privacy and Data Protection

    The Provider will process Client data solely for delivering the Services and in accordance with applicable privacy and data protection laws.

    Where required, the parties may enter into a separate Data Processing Agreement (DPA).

    18. Changes to these Terms

    The Provider may revise these Terms from time to time.

    Material changes will be communicated with reasonable advance notice.

    Continued use of the Services after the effective date of revised Terms constitutes acceptance of the updated Terms.

    19. Governing Law

    This Agreement shall be governed by the laws of /Santa Clara / California.

    Any disputes shall be subject to the exclusive jurisdiction of the courts located within that jurisdiction.

    20. Entire Agreement

    These Terms, together with any quotation, proposal, Service Level Agreement (SLA), or Statement of Work (SOW), constitute the entire agreement between the parties regarding the Managed Hosting Services.