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Dispute Resolution and Jurisdiction

This policy establishes the process for resolving disputes between Webzi and its customers, the applicable law to these terms and conditions, and the competent jurisdiction for any controversy that cannot be resolved amicably.

1. Applicable Law

These terms and conditions, as well as any contractual relationship derived from contracting services with Webzi, are governed by the laws of the United Mexican States, including but not limited to:

  • Commercial Code
  • Federal Civil Code
  • Federal Consumer Protection Law (LFPC)
  • Federal Law for the Protection of Personal Data Held by Private Parties (LFPDPPP)
  • Federal Copyright Law
  • Other applicable legislation

2. Jurisdiction and Venue

For any controversy arising from the interpretation, compliance, or enforcement of these terms and conditions, the parties expressly submit to:

  • Jurisdiction: Competent courts of Mexico City (CDMX)
  • Conventional domicile: The parties designate as their legal address the one registered in their account

By contracting Webzi services, the customer expressly waives any other venue that may correspond to them by reason of their present or future domicile, or for any other cause.

3. Dispute Resolution Process

Before initiating any legal action, the parties agree to follow the following escalated resolution process:

Stage Description Timeframe
1. Direct Contact The customer must communicate their complaint through a support ticket Response within 48-72 hours
2. Internal Escalation If not resolved, request escalation to supervision Response within 5 business days
3. Formal Complaint Send written complaint to Webzi's fiscal address Response within 15 business days
4. Mediation/Conciliation PROFECO or other alternative dispute resolution According to the agency
5. Judicial Process Courts of Mexico City Last resort

Important: Most disputes are resolved in stages 1 or 2. We recommend exhausting these instances before proceeding to formal means.

4. PROFECO and Consumer Rights

Customers who contract services as end consumers have the right to file complaints with the Federal Consumer Protection Agency (PROFECO):

Webzi commits to participating in good faith in any conciliation process initiated before PROFECO.

5. Address for Legal Notifications

For purposes of any legal notification or formal complaint, Webzi designates the following address:

Artehosting S.A. de C.V.
Montes Urales 755, Piso 5, Oficina 5533
Col. Lomas de Chapultepec, Alcaldia Miguel Hidalgo
Ciudad de Mexico, C.P. 11000
Mexico

Notifications sent to this address will be considered validly delivered. The customer must designate a valid address to receive notifications in their customer area profile.

6. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Webzi's total liability for any claim related to the services shall be limited to the total amount paid by the customer in the last 12 months for the specific service subject to the claim
  • Webzi shall not be liable for indirect, incidental, special, consequential, or punitive damages
  • Webzi shall not be liable for loss of data, revenue, profits, business opportunities, or reputation

This limitation applies regardless of the legal theory under which the claim is presented (contract, negligence, strict liability, etc.).

7. Disclaimer of Warranties

Services are provided "as is" and "as available". To the maximum extent permitted by law, Webzi disclaims all implied warranties, including:

  • Warranties of merchantability
  • Warranties of fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties of uninterrupted or error-free operation

The only applicable warranties are those expressly stated in these terms (such as the uptime guarantee and satisfaction guarantee where applicable).

8. Waiver of Class Actions

The customer agrees that any dispute with Webzi will be resolved on an individual basis. The customer expressly waives:

  • Participating in class or collective actions against Webzi
  • Participating as a representative or member of any class
  • Consolidating claims with those of other customers

9. Statute of Limitations

Any claim or legal action related to Webzi services must be initiated within one (1) year from the date on which the cause of action arose. After this period, the claim will prescribe and become void.

This period is independent of and additional to any statute of limitations established by applicable law, with the shorter period permitted by law prevailing.

10. Indemnification

The customer agrees to indemnify, defend, and hold harmless Webzi, its directors, employees, and agents, from any claim, damage, loss, liability, and expense (including attorney fees) arising from:

  • The customer's use of the services
  • Content hosted or transmitted by the customer
  • The customer's violation of these terms
  • The customer's violation of third-party rights
  • Actions of the customer's end users (in the case of resellers)

11. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a competent court:

  • Such provision shall be modified to the minimum extent necessary to make it valid and enforceable
  • The remaining provisions shall remain in full force and effect
  • The invalidity of a provision in one jurisdiction does not affect its validity in others

12. Entire Agreement

These terms and conditions, together with the policies incorporated by reference (privacy, cookies, acceptable use, etc.), constitute the entire agreement between the customer and Webzi regarding the contracted services.

This agreement supersedes any prior communication, proposal, or agreement, whether oral or written, between the parties regarding the same subject matter.

13. Contact for Legal Matters

For legal matters, formal complaints, or notifications: