Terms and Conditions

Terms and Conditions of Blockshift (MARKETING FINO C.A)

Last updated: 04/02/2025

1. Introduction

Welcome to Blockshift, a service operated by MARKETING FINO C.A (hereinafter referred to as "the Company," "we," "us," or "our"). These Terms and Conditions (hereinafter referred to as "T&Cs") govern your use of our services, which include:

• Web hosting
• VPS (Virtual Private Servers) Unmanaged and Managed
• Custom software development
• Technical support

By using our services, you ("User" or "Client") agree to comply with and be legally bound by these T&Cs. If you do not agree with any provision, please refrain from using our services.

2. Acceptance of Terms

Accessing, using, or contracting Blockshift's services implies full, unreserved acceptance of these T&Cs. By accessing or using the services, the User represents and warrants that they have the legal capacity to enter into this agreement and comply with all its provisions. If acting on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind such entity to these T&Cs.

3. Services Offered

1. Web Hosting: Storage and management of websites on secure servers, subject to the specifications of the contracted plan.
2. VPS:*
   • Managed VPS: Servers with technical support included, according to the terms of the support agreement.
   • Unmanaged VPS: Self-administered servers by the User, without guaranteed technical support.
3. Software Development: Creation of custom software solutions, in accordance with an independent software development contract that details the requirements, deliverables, and payment terms.
4. Technical Support: Technical assistance for applicable services, subject to the terms of the contracted support plan.

Specific details of each service, including features, limitations, and pricing, are provided in separate agreements, purchase orders, technical annexes, or commercial proposals.

4. User Obligations

• Lawful Use: Use the services lawfully, complying with all applicable laws and regulations. It is prohibited to infringe the rights of third parties, including intellectual property rights, privacy, and defamation.
• Truthful Information: Provide truthful, complete, and up-to-date information at the time of contracting and during the term of the services.
• Account Confidentiality: Maintain the confidentiality of your account access credentials. It is prohibited to share passwords or allow unauthorized access to your account. The User is responsible for all activities carried out through their account.
• Resale Restrictions: Do not resell, sublicense, or transfer the services without the prior written authorization of the Company, except for expressly authorized resale services.
• Minimum Age: Only persons over 18 years of age (or the legal age in your jurisdiction) may contract and use the services.

5. Payments and Billing

1. Accepted Payment Methods: We accept the following payment methods:
   • FastSpring: Our primary payment processor, subject to its own terms and conditions.
   • PayPal: Subject to the PayPal Terms.
   • Cryptocurrencies: Through compatible wallets, including Bitcoin, Ethereum, and USDT. The User assumes responsibility for the security of their wallet and the correct transfer of cryptocurrencies.
   • Binance Pay: Subject to the Binance Terms.
   • Bank Transfers: In bolivars (only for clients in Venezuela), through local banks or authorized platforms such as AirTM, Meru, Ubii, etc.
   • Other payment methods may be announced on our website.
2. Client Responsibilities:*
   • Provide accurate and current payment information, including credit card or bank account details.
   • Accept that cryptocurrency transactions are irreversible and subject to market volatility. Blockshift is not responsible for losses resulting from fluctuations in the value of cryptocurrencies.
   • For payments in bolivars, the amount due will be calculated at the exchange rate of the day (according to the Central Bank of Venezuela or the platform used).
3. Billing:*
   • Service prices are displayed in US dollars (USD), but may be paid in other currencies according to the exchange rate in effect at the time of the transaction.
   • Invoices in bolivars will include the USD equivalent according to the applied exchange rate.
4. Compliance with Payment Processors: The User agrees to comply with the policies and terms of service of all payment providers used (FastSpring, PayPal, Binance, etc.). Blockshift is not responsible for failures, delays, or additional charges imposed by these platforms.
5. Refunds:*
   • Refunds will be processed only through the original payment method used in the transaction.
   • Cryptocurrency transactions may be refunded in USD or the same cryptocurrency, subject to availability and Blockshift's discretion.

6. Data Processing

We collect and process personal data in accordance with our [Privacy Policy], which is an integral part of these T&Cs. Data collection is carried out through:

1. Google Analytics: To analyze website traffic and improve user experience. The data collected is anonymous and aggregated (e.g., geographic location, device type). The User may choose not to be tracked using tools such as Google Opt-Out.
2. WhatsApp Business API: To manage communications with clients. Messages and contact numbers are stored, subject to the WhatsApp Privacy Policy.
3. Microsoft Clarity: To analyze user interactions with the website (e.g., clicks, scrolling). The data collected is subject to the Microsoft Privacy Policy.

By using our services, the User consents to the collection and processing of their personal data in accordance with our Privacy Policy.

7. Compliance with FastSpring

FastSpring acts as an external payment service provider. Blockshift is not responsible for FastSpring's errors, fraud, or breaches. Any dispute related to payments processed by FastSpring must be resolved directly with FastSpring, in accordance with their terms and conditions.

8. Limitation of Liability

• Services "As Is": The services are provided "as is" and "as available." Blockshift does not guarantee that the services will be error-free, uninterrupted, or delayed.
• Exclusion of Indirect Damages: To the fullest extent permitted by applicable law, Blockshift will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or any other similar damages, arising out of the use or inability to use the services.

9. Intellectual Property

All intellectual property rights to the software, logos, trademarks, content, and other materials provided by Blockshift and MARKETING FINO C.A are the exclusive property of Blockshift or its licensors. Reproduction, distribution, modification, or any other unauthorized use of these materials is prohibited.

10. Modifications

Blockshift reserves the right to modify these T&Cs at any time, at its sole discretion. Modifications will take effect immediately upon publication on the Blockshift website. Continued use of the services after the publication of modifications constitutes acceptance of the modified T&Cs.

11. Termination

Blockshift may suspend or terminate the User's account and access to the services in the event of non-compliance with these T&Cs, with prior written notice. In cases of serious breaches, such as fraud or illegal activities, Blockshift may suspend or terminate the services immediately.

12. Applicable Law and Jurisdiction

These T&Cs are governed by the laws of the Bolivarian Republic of Venezuela. Any dispute arising from or in connection with these T&Cs will be resolved in the competent courts of Caracas, Venezuela.

13. Contact

For inquiries:

• Email: info@blockshift.co
• Address: Calle Juarez y Vicente Amengual, Oficina 1, Edificio Beraca, Cabudare, 3023, Lara, Venezuela.
• Phone: +582517200324

Thank you for choosing Blockshift.

MARKETING FINO C.A