Wavenet S.A. Service Agreement
Last updated: January 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING THE WEB HOSTING SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO ACCESS OUR SERVICES. SUBMITTING THE APPROPRIATE APPLICATION FORM WILL CONSTITUTE EVIDENCE OF YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND HAVE AGREED TO ENTER INTO THE CONTRACTUAL RELATIONSHIP DESCRIBED HEREIN. WE RECOMMEND THAT YOU KEEP A PRINTED COPY OF THE CONTRACT FOR YOUR RECORDS.
This Agreement (“Agreement”) is entered into between you (“Customer”) and Wavenet S.A. (“Wavenet”), effective as of the date you request a service plan (the “Plan”) provided by Wavenet. Wavenet is a company engaged in the business of offering, among other things, internet presence services, premium application and website hosting, and cloud servers, among other services. Wavenet may amend this Agreement at any time by posting the entire amended Agreement on its website. The Customer certifies that they have read and understood this Agreement and acknowledges the obligation to review these terms periodically. Without limiting the generality or effect of the foregoing, Wavenet may add, discontinue, or modify any or all of its Services at any time and at its sole discretion. By accepting this Agreement, the Customer (I) represents and warrants that he or she is at least 18 years of age and is an authorized representative of the organization or entity he or she intends to represent, and (II) agrees to provide true, accurate, current, and complete information regarding their personal data or that of the entity as required during the account registration process.
1.1 WEBMAX - xSERVER. Subject to the terms and conditions of this Agreement and the Plan selected by the Customer, Wavenet agrees to provide the Customer with: (i) space on a server or one or more dedicated servers to host data, applications, and systems on the Internet (“Service”), (II) one or more licenses to use the PLESK or cPanel control panel and other software owned by their respective manufacturers, which will be billed separately based on the rates set by such software manufacturers (“Third-Party Software”), and (III) other services more specifically defined in each of the Customer’s service plans (collectively, “Services”). The Customer hereby agrees that Wavenet is solely responsible for providing the Services defined in the plan selected by the Customer and in this Agreement, and that it is not responsible for providing any other services or performing any other tasks.
1.2 Service Availability. The website or server will generally be accessible to third parties 24 hours a day, seven days a week, except during scheduled maintenance and required repairs or equipment upgrades, and except for any loss or interruption of connectivity Services due to causes beyond Wavenet’s control or that are not sufficiently foreseeable by Wavenet, including but not limited to, interruptions or failures in digital telecommunications transmission connecting the servers to the Internet, security failures on servers that are unforeseeable, or cases in which the customer has full access to the administration server via full administrative access, in which case it would be impossible for Wavenet to maintain total and exclusive control. Wavenet commits, based on the selected service, to maintaining a backup policy that minimizes data loss as much as possible in the extreme event that our security systems fail or security failures occur in the software used by the customer, in order to guarantee no data loss or the least possible data loss in extraordinary situations. PLEASE SEE SECTION 3.2 FOR THE 99.98% UPTIME GUARANTEE.
1.3 Updates. As part of the services, Wavenet will provide the Customer with the system and software necessary for the Customer to request from Wavenet any updates, improvements, or modifications (“Updates”) to the Service. Wavenet will update the service(s) provided that (I) the Customer is not in default of its payment obligations, (II) such updates are feasible within the scope of this Agreement; and (III) such updates are performed in accordance with the “Server Ready” principle (as defined below).
1.4 Updates to service pricing will be published on the Wavenet website. Updates that include paid software licenses will be passed on to the Customer at Wavenet’s discretion.
2.1 This Agreement shall become effective as of the date of the application for membership and shall continue for the period specified in the Plan (“Initial Term”), unless terminated early as provided in Section 9 below. This Agreement shall automatically renew for periods equal to the Initial Term (each, a “Renewal Term”) unless either party notifies the other at least thirty (30) days prior to the end of the Initial Term or a Renewal Term, as applicable, that it has chosen not to renew the Agreement. For security reasons and the general protection of all customers, Wavenet requires that all notices of non-renewal of the Agreement be submitted by completing the corresponding form at https://bajas.wavenet.com, specifying the account name or domain, and the personal information of the service holder. In cases where services are contracted from third parties, such as additional allocated bandwidth, the minimum contract terms will be 12 months.
3.1. 30-Day Money-Back Guarantee Wavenet extends an unconditional money-back guarantee to the Customer for the first thirty (30) calendar days from the service activation date (“30-Day Guarantee”). This Guarantee will take effect upon the complete installation of the Customer’s Plan (“Activation Date”). To activate the 30-Day Guarantee, the Customer must notify Wavenet by calling (011) 5199.1799, providing the account or domain name, password, reason for cancellation, and authorized signature. Upon receipt of this notification, all Services will be terminated, and all amounts charged for the actual provision of the Service will be credited to the Customer’s credit card or refunded by check (excluding amounts paid for setup or activation fees).
3.2 99.98% Uptime Guarantee. Subject to the limitations contained in this contract, Wavenet hereby guarantees that the following services will have an average monthly uptime of no less than 99.8%, calculated on an annual basis: HTTP, FTP, SMTP, and POP3. The month begins on the first day of each month and continues through the last day of that month. In the event of any loss or interruption of Service falling below the 99.8% uptime guarantee and not attributable to (I) scheduled maintenance and/or necessary repairs, (II) causes beyond Wavenet’s control, or (III) causes that are not sufficiently foreseeable by Wavenet, including, but not limited to, interruptions or failures in telecommunications or in the digital transmission connecting the servers to the Internet and/or latency issues or performance failures on the Internet, the Customer will receive a credit equal to one month of service under the contracted Plan, thereby exhausting all liability for any service interruption or failure falling below the guarantee set forth in this clause. The 99.98% uptime percentage will be determined by the systems Wavenet maintains for this purpose. This guarantee applies solely and exclusively to the disconnection of Internet service, excluding other types of service failures.
4.1 Charges. The Customer must pay all charges for the Service in advance, in accordance with the prices, terms, and conditions of this contract and the Plan to which the Customer subscribes. Wavenet is authorized to modify the plans and their features, provided that it notifies the customer of such modifications at least thirty (30) days prior to the date they take effect for the customer.
4.2 Payments and Late Fees. At the start of the contract, the Customer must pay a one-time Service installation fee, which will be charged immediately if the Customer makes payments by credit card. Service charges will be governed, in terms of amount and frequency, by the rules established for the plan subscribed to by the customer and the rates published on our website, effective as of the Service Activation Date. This Agreement is valid both during the Initial Term and the Renewal Term, and by entering into it, the Customer agrees to pay the charges in full in accordance with the Plan they voluntarily selected. All payments must be received by Wavenet via credit or debit card, or deposited into the customer’s bank account, by 3:00 p.m. on the specified payment or due date. Under the terms of this agreement, a payment is automatically considered delinquent. The Customer will pay an additional charge of 10% per month after the invoice due date—or the maximum allowed by applicable law—on any unpaid amount for each month or fraction thereof that is past due, plus a reconnection fee of $3,500 + VAT for WebMAX Plans, and $5,000 + VAT for xServer services to reconnect the account. Late payment for any service will void any and all service level guarantees included in this contract; Wavenet reserves the right to immediately revoke, without prior notice, any temporary discounts granted. The customer will be responsible for all costs, damages, and expenses that may result from late payments, including, but not limited to, reasonable attorneys’ fees and court costs. All matters related to administration, accounting, or billing should be directed via email to adm@wavenet.com or by phone at 5199-1799, Monday through Friday from 10 a.m. to 6 p.m.
4.3 Payment Methods. The customer may pay the charges for their services by making a deposit into the checking account designated by Wavenet in legal tender. If payment is not received by the established due date, the Customer will receive a notice of service suspension via email. As of the due date, service may be suspended at any time at Wavenet’s sole discretion. Debit card payments are also accepted.
4.4 Credit Cards. The customer may also make payments using the following credit cards: MasterCard, Visa, American Express, and Diners Club, in legal tender. The applicable charges will be charged to the credit card seven (7) days prior to the Payment Date, using the credit card number specified at the time of enrollment on the service application form. Payment by credit card constitutes authorization to charge all future fees and recurring charges, as well as any charges incurred through usage exceeding the limits established for the service contracted by the customer. If the Customer’s credit card is declined for any reason, a notice will be sent to the Customer via email to inform them of the situation and request payment of the outstanding balance. If the corresponding payment is not received by the specified date, Wavenet will make a final attempt to charge the Customer’s credit card on the Payment Date. If payment is not received by the established due date, the Customer will receive a notice of service suspension via email. As of the due date, service may be suspended at any time at Wavenet’s sole discretion. Finally, if payment is not secured or received, the Customer will be sent a service suspension notice via email. As of the due date, service may be suspended at any time at Wavenet’s sole discretion. In the event of a voluntary rejection or stop-debit, Wavenet may immediately suspend all of the Customer’s Services until all outstanding charges are paid in full, plus an additional fee of $3,500 + VAT for WebMAX plans and $5,000 + VAT for xServer plans and all other services, to reactivate the account.
4.5 Pricing Disputes. The Customer must notify Wavenet in writing of any conflict or dispute regarding charges debited from their card within thirty (30) days of receiving the invoice detailing such charges. If, within that time period, the Customer does not file a claim with Wavenet, it is understood that the Customer has waived all rights to dispute or seek a refund for those payments.
4.6 Suspension of Services. The Customer’s failure to pay, in whole or in part, any outstanding payment or debt shall be considered a material breach of this Agreement and shall justify, at Wavenet’s sole discretion, the immediate suspension of service. This suspension does not, under any circumstances, relieve the Customer of the obligation to pay all charges and balances owed to Wavenet under this Agreement. To lift the suspension of service, the Customer must pay Wavenet an account reactivation fee of $3,500 + VAT for WebMAX plans, and $5,000 + VAT for xServer plans and all other services, in addition to paying all outstanding balances in full. Services will be reactivated only during Wavenet’s business hours (Monday through Friday from 10:00 a.m. to 6:00 p.m.). Any oral or written communication from the customer announcing a breach of this agreement shall constitute immediate termination of the contract and suspension of services.
5.1 Customer Content. The customer shall provide all materials comprising the service, including, but not limited to, all images, photographs, illustrations, graphics, audio files, video files, or text, which must in all cases be configured in the correct format under the “Server-Ready” structure, that is, without requiring any type of manipulation or transformation by Wavenet. The customer is solely responsible for the content of the service, as well as for any data transmission or any other use of the Services by the customer or by any person or entity, whether authorized or unauthorized, to access the Services. Wavenet reserves the right, at its sole discretion, to exclude or remove any content, program, or application from the Customer’s Website based on the following reasons: (I) The content or files on the site do not comply with the “Server-Ready” structure requirement, (II) When one or more programs or scripts consume an unreasonable amount of CPU, RAM, or other system resources, thereby affecting the normal operation of the service and/or access to other services hosted on the same server, (III) when the Customer is the subject of a government or official investigation or complaint; (IV) if the Customer runs or executes malicious Java Servlets on the server; or (V) for any other reason that may violate or infringe upon any law or the rights of a third party, or that, furthermore, could potentially expose Wavenet to civil or criminal liability or unfavorable public exposure, regardless of whether Wavenet has an obligation to monitor the information and data included in the service in terms of their content, accuracy, or usefulness; the Customer is solely responsible for exercising such control. Under no circumstances may the Customer use the included email services to carry out mass email campaigns or email marketing; “email service” is understood to mean normal use, where the number of senders and recipients is balanced * Wavenet offers an exclusive, specific, and additional Extended SMTP service for any promotional email or email marketing activities.
PLEASE REFER TO SECTION 7.2 OF THIS AGREEMENT REGARDING TERMINATION OF THE CONTRACT DUE TO A BREACH OF THIS CLAUSE BY THE CUSTOMER.
5.2 Representations and Warranties. The Customer warrants that: (I) it has the power and authority to duly perform its obligations hereunder and that this Agreement constitutes a valid and binding commitment enforceable against the Customer in accordance with its terms, (II) the Client possesses the required and necessary level of knowledge regarding the use and implementation of languages, protocols, and software in the field of the Internet, in accordance with the terms and requirements of its service, (III) the Client has secured and holds all necessary authorizations to include hypertext or links to third-party websites, (IV) the Client holds all necessary licenses (as required by its jurisdiction) to advertise or sell any goods or services through the Website, (V) the content of the Website does not and will not contain any material, advertising, or services that are false or inaccurate or that violate any applicable law, regulation, or third-party rights, including, but not limited to, export laws, or any third-party property, contractual, moral, intellectual property, or privacy rights, and (VI) the Customer owns the content of its Website or has the right or permission to post such data or information on it. By paying the invoice for the services, the Customer agrees to pay any additional charges for services that exceed those specified in the contracted service
PLEASE SEE SECTION 7.2 OF THIS AGREEMENT REGARDING TERMINATION OF THE CONTRACT DUE TO A BREACH OF THIS CLAUSE BY THE CUSTOMER.
5.3 Permitted Use of Services. The customer agrees to comply with all laws and regulations, as well as Wavenet’s Acceptable Use Policy (“AUP”), which can be found at https://www.wavenet.com/aup.html. The AUP is incorporated into this Agreement by this reference and may be updated or modified from time to time by Wavenet at its sole discretion. The Customer acknowledges that it has read and understood the AUP and is obligated to review it periodically at the URL specified above. In addition to the activities prohibited by the AUP, the Customer agrees not to use the Services for any activity that: (I) constitutes or promotes a violation of any applicable law or regulation, including, but not limited to, the sale of illegal materials or materials in violation of export/ import controls or that are contrary to public morals or public health; (II) defame or invade the privacy of any third party, whether an individual or a legal entity; (III) seriously infringe the rights of any third party, including, but not limited to, intellectual property, business, contractual, or fiduciary rights; (IV) involves the offering, sale, distribution, or creation of any pornographic or obscene material or, otherwise, goods, services, or offensive ideas intended to promote violence or discrimination based on race, sex, religion, nationality, disability, or sexual orientation; (V) modifies any copyright in news, notices, or documents registered by Wavenet without obtaining its prior written consent, (VI) provides “mirroring” services to other websites, (VII) has as its primary purpose the distribution of files that are not accessible or compatible with HTTP, including, but not limited to, files: .arj, .mp3, .exe, .tar, .rar, .zip, game emulators, or ROMs; (VIII) are linked to, promote, or are connected by any means to programs developed for sending mass e-mail. Any activity aimed at or related to the mass sending of emails from Wavenet’s servers is strictly prohibited, such as mailbombing (sending a significant volume of messages containing no information to the same user, or “spam”), spam (sending unsolicited messages or advertisements, regardless of size or volume, to people who do not know the sender or have not given their consent), trolling (sending offensive messages with the aim of eliciting multiple replies or forwardings), or any unethical marketing practice. It is strictly prohibited to use fictitious email addresses containing the name “Wavenet” (@wavenet.com or @wavenet.com.ar). The Customer may not generate a volume of outgoing email that is significantly higher than that of a normal user. Wavenet reserves the right to determine which activities constitute a violation of this policy and is authorized, for this reason, to immediately suspend the service without prior notice; the Customer may be subject to a fine of up to $15,000.-, (IX) use an email account exclusively as data storage space, including any mailbox that exceeds the storage space included in the plan. In the event of a conflict between the terms of this Agreement and the provisions of the AUP, this Agreement shall prevail.
PLEASE REFER TO SECTION 7.2 OF THIS AGREEMENT REGARDING TERMINATION OF THE AGREEMENT DUE TO A VIOLATION OF THIS CLAUSE BY THE CUSTOMER.
5.4 Mailing Lists/Extended SMTP. Wavenet authorizes the Customer to send messages via a mailing list solely and exclusively through the Extended SMTP service to subscribers who have voluntarily opted in to the list. Such messages must contain precise and explicit instructions on the steps to follow to unsubscribe from the list. All such requests to be removed from the list must be honored immediately. Due to the nature of email marketing operations, Wavenet requires that all mailing list sends be conducted via Extended SMTP; for this purpose, a RELAY IP address will be provided along with a username and password. Wavenet reserves the right to suspend the Client’s email campaigns—whether the service is provided by Wavenet or a third party—immediately and without prior notice if it is determined that such activity is causing significant problems or delays in the SMTP service for other clients or is consuming unreasonable server resources. Wavenet also reserves the right to prohibit the Customer from using any email sending program or application that affects or jeopardizes the normal operation of the email server. Due to excessive consumption of system resources and overload of the email server, Wavenet prohibits its customers from using link-building tools for Black Hat SEO or similar practices.
PLEASE REFER TO SECTION 7.2 OF THIS AGREEMENT REGARDING TERMINATION OF THE CONTRACT DUE TO A VIOLATION OF THIS CLAUSE BY THE CUSTOMER.
6.1 Software Licenses. Throughout the term of this agreement, Wavenet grants the Customer a non-transferable and non-exclusive license to use the software installed on the Server, solely for the purpose of using the contracted services and/or plans. When such Software belongs to a third party, Wavenet guarantees those rights only in accordance with the applicable agreement with that third party. In the event of increases in the cost of such licenses, Wavenet may immediately pass those increases on to the total cost of the contracted service. THE CUSTOMER MAY NOT USE THE SERVICE OR ANY PART THEREOF GENERATED BY SOFTWARE BELONGING TO A SERVER OTHER THAN THE SERVER ON WHICH THE SITE IS HOSTED.
6.2 License Restrictions. The customer agrees, directly or indirectly (and not to allow others to do so), not to:
6.2.1 Copy the Software or any part thereof.
6.2.2 Decrypt, decode, or modify any source code of the software.
6.2.3 Sell, rent, transfer, give possession of, or sublicense the Software or its documentation to third parties.
6.2.4 Develop any derivative software or software based in whole or in part on the licensed software.
6.3 Property Rights. The customer shall have no right, title, or interest in the Shared Server, its Software, Hardware, documentation, patents, trademarks, trade secrets, or any other proprietary rights, except for the limited license provided in Section 6.1.
6.4 Customer’s Property Rights. As between the Customer and Wavenet, the Customer’s content and rights, such as, without limitation, patents, trademarks, copyrights, or any other intellectual property rights or otherwise, remain the Customer’s sole responsibility and under its sole control; the Customer hereby grants Wavenet a non-exclusive, worldwide, and royalty-free license to publish, display, transmit, distribute, and use the Customer’s content necessary to provide the Service under the terms of this Agreement.
7.1 Termination for Breach or Insolvency. Subject to Section 7.3, this Agreement may be terminated upon written notice from either party if (I) one party breaches any obligation under this Agreement and such breach is not remedied within thirty (30) days of notification, or (II) if the other party enters into voluntary or involuntary insolvency, reorganization, or liquidation, bankruptcy, or admits in writing its inability to pay its debts as they become due. Notwithstanding the foregoing, Wavenet may terminate this contract at any time if the Customer fails to make any payment by its due date.
7.2 Termination Due to Customer’s Breach of Sections 5.1, 5.2, 5.3, 5.4. Notwithstanding the provisions of Section 7.1, Wavenet may terminate this Agreement immediately and remove or suspend the Customer’s service if it is determined, in Wavenet’s sole discretion, that the Customer has breached the obligations set forth in Sections 5.1, 5.2, 5.3, or 5.4 of this Agreement. Any termination under this Section 7.2 shall take effect immediately, and the Customer expressly agrees that it: (i) shall have no opportunity to remedy the breach, and (ii) shall have no right to a refund under any circumstances for fees paid to Wavenet.
7.3 Rights and Remedies upon Termination. In the event that either party terminates the contract in accordance with the provisions of Sections 7.1 or 7.2, Wavenet shall be entitled to immediate payment for all Services provided up to the date of termination. Furthermore, it is agreed that if the Customer is the party in breach of the contract, Wavenet will suffer damages that would be difficult to quantify. Consequently, the Customer agrees to pay Wavenet all amounts due for damages incurred since the commencement of the contract as liquidated damages (not as a penalty). These liquidated damages do not constitute a waiver of any other rights or remedies available to Wavenet under applicable law, equity, and general principles of law that might be granted by a court of competent jurisdiction.
8.1 Limitation of Warranties. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 4 OF THIS AGREEMENT, ALL SERVICES PROVIDED TO THE CUSTOMER ARE PROVIDED “AS IS.” WAVENET CANNOT, AND HEREBY DISCLAIMS, ANY IMPLIED PROMISES AND/OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF RESULTS OR MARKET SHARE, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTY ARISING FROM A COMMERCIAL ENTERPRISE. WAVENET DOES NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY UNINTERRUPTED OR FREE FROM ALL ERRORS OR RISKS.
8.2 Limitation of Liability. IN NO EVENT SHALL WAVENET BE LIABLE TO THE CUSTOMER, THE CUSTOMER’S USERS, AND/OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER SERVICE PROVIDED, EVEN IF WAVENET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAVENET’S LIABILITY, IF ANY, TO THE CUSTOMER OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED THE TOTAL EQUIVALENT OF ONE MONTH’S SERVICE FEE. THE PARTIES ACKNOWLEDGE THAT WAVENET HAS SET ITS PRICES, WHICH ARE PUBLISHED MONTHLY ON ITS WEBSITE, AND HAS BEEN BOUND BY THIS AGREEMENT IN ACCORDANCE WITH THE LIMITATIONS OF LIABILITY AND WARRANTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL SURVIVE AND APPLY EVEN IF THEY FAIL OF THEIR ESSENTIAL PURPOSE. AT NO TIME SHALL WAVENET BE LIABLE FOR FAILURES OR DELAYS IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT IF SUCH FAILURES OR DELAYS ARE DUE TO CIRCUMSTANCESBEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, THE ACTS OF ANY GOVERNMENT AGENCY, WAR, INSURRECTION, PHYSICAL OR DIGITAL SABOTAGE, EMBARGO, FIRE, FLOOD, STRIKE, OR OTHER WORK DISRUPTION, INTERRUPTION OR DELAY IN TRANSPORTATION, UNAVAILABILITY OR DELAY IN TELECOMMUNICATIONS OR SERVICES PROVIDED BY THIRD PARTIES, SECURITY FAILURES IN THE CUSTOMER’S OR A THIRD PARTY’S SOFTWARE, THE INABILITY TO OBTAIN THE APPROPRIATE MATERIALS, SUPPLIES, OR THE ELECTRICITY REQUIRED FOR THE EQUIPMENT USED IN THE PROVISION OF THE SERVICES.
9.1 Privacy Policy. In an effort to protect the Customer’s privacy, Wavenet has established a privacy policy that ensures the confidentiality of customer data such as first name, last name, ID number, Tax ID number (CUIT), or business name, provided there is no legal request and/or court order requiring such data. Wavenet reserves the right to change the Privacy Policy at any time. The Customer acknowledges that they have read and understood the Legal and Privacy Policy and are bound by its terms, as well as by their obligation to periodically review the Legal and Privacy Policy. In the event that any provision contained in this Agreement conflicts with any informal communication between the parties, the terms of this Agreement shall prevail.
9.2 Independent Contractors. Wavenet and the Customer are independent contractors, and this Agreement shall not establish any partnership, franchise, employment, or agency relationship between Wavenet and the Customer. Neither Wavenet nor the Customer shall have the authority to bind the other party or incur obligations on behalf of the other party without prior written consent.
9.3 Benefits to the Parties. Except for the last paragraph of this section, all provisions of this Agreement are for the exclusive benefit of the parties and their respective successors; the Customer may not assign or transfer its rights or obligations under this Agreement without obtaining Wavenet’s prior written consent. Wavenet may, at its sole discretion, assign its obligations under this Agreement in the event of a merger, a sale of all or substantially all of Wavenet’s assets, or a sale of a majority of the company’s shares.
9.4 Lease. This Agreement constitutes a service contract and does not constitute, nor shall it constitute, a lease of any real or personal property. The Customer acknowledges and agrees that (i) the Customer has been granted only a license to use the Services and equipment provided by Wavenet in accordance with this Agreement, (II) the Customer has not been granted any ownership rights in any equipment, and (III) the Customer has no tenant’s rights or real rights to the equipment.
9.5 No Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of each of the parties and their respective successors, and it is not the intention of the parties to confer beneficiary rights on any third party.
9.6 Attorneys’ Fees. In the event of any litigation, mediation, or arbitration between the parties relating to any breach of this Agreement, the prevailing party in any such action shall be entitled to reimbursement of all costs and expenses incurred in connection with such litigation or arbitration, including, without limitation, attorneys’ fees.
9.7 Amendments. Any amendment, modification, or change to this Agreement shall be effective upon publication on the website (https://www.wavenet.com/legal.html). 9.8 Jurisdiction and Governing Law. All disputes or litigation arising from this Application shall be subject to the jurisdiction of the competent courts of the Federal Capital, Argentine Republic. This Agreement shall be governed by the laws of the Argentine Republic.
9.8 Jurisdiction and Governing Law. All disputes or litigation arising from this Application shall be subject to the jurisdiction of the competent courts of the Federal Capital, Argentine Republic. This Agreement shall be governed by the laws of the Argentine Republic.
9.9 Addresses. The Parties hereby establish their addresses, which shall be valid for all notifications, as follows: Wavenet establishes its address at 1080 Alicia Moreau de Justo Street, Autonomous City of Buenos Aires. The Customer, for its part, establishes its address at the location specified in the service request. Any change to these addresses must be notified to the other party in a verifiable manner.
9.10 Notifications. Any notification or communication that the parties send to each other in connection with this agreement must be made in writing and delivered with acknowledgment of receipt, by certified letter, or by any other reliable means that allows for the determination of the date of receipt and the content of the notification.
9.11 Severability. If any provision of this Agreement is deemed invalid, illegal, or unenforceable, such determination shall not in any way limit or affect the validity, legality, or enforceability of the other provisions herein.
9.12 Entire Agreement. This Agreement, together with the AUP and the rules established for the Customer’s Service Plan, constitutes the entire agreement between the parties with respect to the transactions contemplated between them, and its terms and provisions represent the sole valid agreement and legal framework in effect. The customer confirms acceptance of this Agreement upon payment of the first invoice issued by Wavenet, and of all subsequent invoices.