1. ACCEPTANCE OF TERMS

By accessing and using any service provided by Panama MultiService (hereinafter “PMS”, “we” or “the company”), you (“the Client” or “you”) agree to be legally bound by these Terms and Conditions of Service. If you do not agree to these terms, please do not use our services.

These terms apply to all services offered by PMS, including but not limited to: Cloud Servers, DBA Services, IT Consulting, and any other present or future services.

2. DEFINITIONS

• Services: All products and services offered by PMS
• Client: Natural or legal person who contracts PMS services
• Account: User account created to access services
• Client Content: Data, files, applications and any material stored or processed using our services
• SLA: Service Level Agreement specific to each type of service

3. SERVICES OFFERED

PMS provides information technology services including:

• Cloud Servers: Managed virtual servers with enterprise infrastructure
• DBA Services: Database administration for Oracle, SQL Server, MySQL, PostgreSQL
• High Availability: Implementation of Oracle RAC, Data Guard, clustering
• Cloud Infrastructure (OCI): Migration and management in Oracle Cloud Infrastructure
• Server Management: Linux/Unix server administration, Middleware (WebLogic)
• Migration & Upgrades: Database migrations and version upgrades
• Performance Tuning: Database and system performance optimization
• IT Consulting: Professional technology consulting services

Specific details for each service are defined in the corresponding Addendums.

4. USER ACCOUNT REGISTRATION

4.1 Eligibility

You must be at least 18 years of age and have legal capacity to enter into binding contracts.

4.2 Registration Information

You agree to:

• Provide accurate, current and complete information
• Keep your contact information updated
• Maintain the security of your access credentials
• Immediately notify any unauthorized use of your account

4.3 Account Responsibility

You are responsible for all activities that occur under your account.

5. CLIENT RESPONSIBILITIES

5.1 Acceptable Use

The Client agrees to:

• Use services only for legal purposes
• Comply with all applicable laws and regulations
• Not interfere with the operation of services
• Not attempt to access systems or data without authorization
• Provide accurate information and timely access when necessary

5.2 Client Content

The Client is fully responsible for:

• All content stored, transmitted or processed using our services
• Maintaining independent backups of critical data
• Legality and licensing of all installed software
• Compliance with applicable data protection laws

5.3 Security

The Client must:

• Maintain secure and confidential passwords
• Implement appropriate security measures in their applications
• Immediately notify any security breach

6. PMS RESPONSIBILITIES

6.1 Service Provision

PMS commits to:

• Provide services with professional care and expertise
• Maintain infrastructure according to industry standards
• Respond to support requests according to applicable SLAs
• Maintain confidentiality of client data

6.2 Maintenance

PMS reserves the right to perform:

• Scheduled maintenance with prior notice (minimum 48 hours)
• Emergency maintenance without prior notice when necessary for security or stability

7. FEES AND PAYMENTS

7.1 Pricing

• Prices are published on our website and may change with 30 days notice
• Current prices apply during the contracted billing period
• All prices are in United States Dollars (USD) unless otherwise indicated

7.2 Billing

• Services are billed monthly in advance unless otherwise agreed
• Invoices are issued at the beginning of each billing period
• Overage charges are billed at the end of the period

7.3 Payment Terms

• Invoices are due within 30 days from the date of issue
• Accepted payment methods will be specified on the invoice
• Late payments may incur interest of 2% monthly
• Services may be suspended for non-payment after 15 days past due with prior notice

7.4 Setup Fees

One-time setup fees are non-refundable.

7.5 Taxes

All prices exclude applicable taxes. The Client is responsible for all taxes, duties and government charges.

8. REFUND POLICY

8.1 Monthly Services

• No prorated refunds are granted for cancellations during the billing period
• Service remains active until the end of the paid period

8.2 Project/Consulting Services

• Refunds are handled case by case based on project progress
• Completed work is non-refundable

8.3 SLA Credits

Credits for SLA breach are handled as specified in each Service Level Agreement.

9. SUSPENSION AND TERMINATION

9.1 Suspension by PMS

PMS may suspend services immediately without prior notice if:

• There is a violation of the Acceptable Use Policy (AUP)
• There is illegal or abusive activity
• There is non-payment after the grace period
• Necessary to prevent harm to the network or other clients
• A legal or government order is received

9.2 Termination by Client

Client may cancel services with 30 days written notice. Cancellation is effective at the end of the current billing period.

9.3 Termination by PMS

PMS may terminate services with 30 days written notice. In case of serious violation of terms, termination may be immediate.

9.4 Effects of Termination

Upon service termination:

• Access to services will cease
• Client must retrieve their data before termination
• PMS is not obligated to retain data after 7 days of termination
• Payment obligations remain for services rendered

10. INTELLECTUAL PROPERTY

10.1 PMS Property

All proprietary methodologies, tools, scripts, technical documentation and know-how developed by PMS remain the intellectual property of Panama MultiService.

10.2 Client Property

• Client content remains client property
• Client-specific configurations and deliverables are transferred to client upon full payment

10.3 Third-Party Software Licenses

Client is responsible for obtaining and maintaining all necessary licenses for third-party software.

11. CONFIDENTIALITY AND PRIVACY

11.1 Confidential Information

PMS commits to:

• Maintain strict confidentiality of all client data
• Not share client information with third parties except as required by law
• Implement appropriate security measures to protect data

11.2 Data Privacy

Handling of personal data is governed by our Privacy Policy.

11.3 Exceptions

The confidentiality obligation does not apply to information that:

• Is in the public domain through no fault of PMS
• Must be disclosed by legal or government order
• Is necessary to resolve disputes or enforce these terms

12. LIMITATION OF LIABILITY

12.1 Disclaimer of Warranties

SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. PMS DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

12.2 Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

PMS SHALL NOT BE LIABLE FOR:

• Data loss due to client system failures
• Indirect, incidental, special or consequential damages
• Loss of profits, revenue or data
• Service interruptions due to third-party failures
• Consequences of client decisions against our recommendations
• Force majeure events beyond our control

PMS’S TOTAL LIABILITY IS LIMITED TO:

The fees paid by the client in the last 3 months for the specific service that caused the claim, or USD $1,000, whichever is less.

12.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, these limitations will apply to the maximum extent permitted by law.

13. INDEMNIFICATION

Client agrees to indemnify and hold harmless PMS, its directors, employees and agents from any claim, damage, loss or expense (including reasonable legal fees) arising from:

• Client’s breach of these terms
• Improper use of services
• Violation of third-party rights
• Client content that infringes intellectual property or privacy rights

14. FORCE MAJEURE

PMS shall not be liable for failures or delays in performance of obligations due to causes beyond its reasonable control, including but not limited to:

• Natural disasters
• Wars, terrorism, civil unrest
• Telecommunications or power provider failures
• Government actions
• Third-party cyberattacks
• Pandemics or public health emergencies

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These terms are governed by the laws of the Republic of Panama.

15.2 Jurisdiction

Any dispute related to these terms shall be submitted to the exclusive jurisdiction of the courts of Panama City, Republic of Panama.

15.3 Arbitration (Optional)

Parties may mutually agree to resolve disputes through arbitration in Panama City under the rules of the Panama Conciliation and Arbitration Center.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify

PMS reserves the right to modify these terms at any time.

16.2 Notification

Significant changes will be notified to clients at least 30 days in advance through:

• Email to the registered address
• Publication on our website
• Notification in the client control panel

16.3 Acceptance of Changes

Continued use of services after the effective date of changes constitutes acceptance of the modified terms.

16.4 Right to Terminate

If a client does not agree with the changes, they may terminate services before the effective date of the new terms.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These terms, together with applicable SLAs and Addendums, constitute the entire agreement between client and PMS.

17.2 Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

PMS’s failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

Client may not assign or transfer these terms without PMS’s prior written consent. PMS may assign these terms without restriction.

17.5 Survival

Provisions that by their nature should survive termination (including but not limited to Intellectual Property, Confidentiality, Limitation of Liability and Indemnification) will continue in effect after termination.

17.6 Relationship of Parties

Nothing in these terms creates a partnership, joint venture, agency or employment relationship between client and PMS.

18. CONTACT INFORMATION

For questions, support or notifications related to these Terms of Service:

Panama MultiService (PMS)

• Email: [email protected]
• Phone: +507 6491-0158
• Address: Nuevo Arraiján, Panamá Oeste, Republic of Panama
• Website: www.pmamultiservice.com
• Business Hours: Monday to Friday, 8:00 AM - 6:00 PM (GMT-5)

19. SERVICE-SPECIFIC ADDENDUMS

The following addendums form an integral part of these Terms and Conditions:

• Cloud Servers Service Addendum - Defines AUP, SLA, scope of managed services
• DBA Support Services Addendum - Defines scope of DBA services and response
• Consulting Services Addendum - Terms for consulting projects

Each addendum specifies additional details that apply only to that type of service.

By using Panama MultiService services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions of Service.

Last revised: February 3, 2026

Version: 2.0

ADDENDUM: CLOUD SERVERS SERVICE

PANAMA MULTISERVICE (PMS)

This addendum is an integral part of PMS’s Terms and Conditions of Service and defines specific terms for the Cloud Servers service.

1. SERVICE DESCRIPTION

1.1 Definition

Cloud Servers is a fully managed virtual infrastructure service that provides virtual servers with enterprise hardware, dedicated support and 24/7 monitoring.

1.2 Service Tiers

TIER 1 - PROFESSIONAL

• Price: $69/month
• Infrastructure: Cloud VPS, 6 vCores, 12GB RAM, 100GB NVMe
• Technical Support: 1 hour/month
• Ideal for: Startups, developers, applications with up to 100 active users

TIER 2 - BUSINESS

• Price: $169/month
• Infrastructure: Dedicated VPS, 3 cores AMD EPYC 7232P 2.8 GHz, 24GB DDR4 ECC, 180GB NVMe
• Technical Support: 2 hours/month
• Cloudflare: Cloudflare Pro included
• Ideal for: E-commerce, SaaS, applications with 200-1000 active users

TIER 3 - ENTERPRISE

• Price: $339/month
• Infrastructure: Dedicated VPS, 6 cores AMD EPYC 7232P 2.8 GHz, 48GB DDR4 ECC, 360GB NVMe
• Technical Support: 4 hours/month
• Cloudflare: Cloudflare Pro included
• Ideal for: Mission-critical projects, enterprise applications with 1000+ users

1.3 Location

• Region: USA East (Virginia/New York)
• Latency: <100ms from Panama
• Uptime Target: 99.9%

2. MANAGED SERVICE SCOPE

2.1 INCLUDED SERVICES

PMS is responsible for managing and maintaining the following:

Infrastructure and Operating System

✓ Server installation and initial configuration

✓ Operating system hardening and optimization

✓ OS security updates (kernel, system packages)

✓ Firewall configuration (iptables/firewalld)

✓ Standard port configuration (22, 80, 443, and others as needed)

Security

✓ Fail2ban configured and active (anti-brute force protection)

✓ Automatic IP banning after 4 failed attempts

✓ Integration with known IP blacklists

✓ Web access configuration exclusively through Cloudflare

✓ Internal network security policies

✓ SSL/TLS certificates (Let’s Encrypt or similar)

Monitoring and Response

✓ 24/7 resource monitoring (CPU, RAM, disk, network)

✓ Server uptime monitoring

✓ Automatic alerts for critical issues

✓ Infrastructure incident response according to SLA

Backups

✓ Daily automatic backups (off-site)

✓ Backup retention: 7 days

✓ Backup restoration upon request

✓ Note: Client must independently validate critical backups

Technical Support

✓ Support via email and ticket system

✓ Technical support hours included per tier

✓ Infrastructure troubleshooting

✓ Assistance with system configurations

2.2 EXCLUDED SERVICES

The Client is responsible for:

Applications and Software

✗ Installation and configuration of client applications

✗ CMS updates (WordPress, Joomla, Drupal, etc.)

✗ Application framework and library updates

✗ Application code debugging

✗ Application or database query optimization

✗ Hardening of third-party software installed by client

Application Security

✗ Code security audits

✗ Patching vulnerabilities in client applications

✗ Protection against application vulnerabilities (XSS, SQL injection, etc.)

✗ Third-party plugin or module security

✗ Forensic analysis after application-level hacks

Non-Standard Ports

✗ Exposed ports outside of 22, 80, 443 are at client’s risk and responsibility

✗ Custom services requiring additional ports must be pre-approved

Development and Consulting

✗ Custom code development

✗ Application migrations

✗ Third-party API integration

✗ Application architecture consulting

IMPORTANT: If the client installs vulnerable or outdated software (e.g., WordPress with old plugins) and is compromised, PMS is not responsible. Our responsibility is limited to the security of the underlying infrastructure.

3. SERVICE LEVEL AGREEMENT (SLA)

3.1 Uptime Guarantee

Commitment: 99.9% monthly uptime

Calculation:

• Uptime = (Total minutes in month - Unscheduled downtime minutes) / Total minutes in month × 100
• Scheduled downtime (maintenance) does not count against SLA

SLA Exclusions:

SLA does not apply to downtime caused by:

• Emergency maintenance for critical security
• Client actions or inaction
• Client application failures
• DDoS attacks or cybersecurity targeted at client
• Third-party failures (ISPs, DNS, etc.)
• Force majeure

3.2 SLA Breach Credits

If 99.9% uptime is not achieved in a month:

Claim Process:

• Client must request credit within 15 days of month end
• PMS will verify uptime records
• Credits apply to next billing cycle
• Credits are the sole remedy for SLA breach

3.3 Technical Support - Response Times

Critical Priority (Server down, service completely inoperative):

• First response: 1 hour
• Resolution target: 4 hours

High Priority (Severe service degradation):

• First response: 4 hours
• Resolution target: 8 hours

Medium Priority (Minor issues, technical inquiries):

• First response: 8 business hours
• Resolution target: 24 business hours

Low Priority (General inquiries, information requests):

• First response: 24 business hours
• Resolution target: 72 business hours

Support Hours:

• Critical tickets: 24/7/365
• Other tickets: Monday to Friday, 8:00 AM - 6:00 PM GMT-5

3.4 Scheduled Maintenance

Frequency: Monthly (typically)

Notification: Minimum 48 hours advance notice

Preferred window: Sundays 2:00 AM - 6:00 AM GMT-5

Typical duration: 1-2 hours

PMS strives to minimize downtime during maintenance.

4. ACCEPTABLE USE POLICY (AUP)

4.1 PROHIBITED USES

Client may NOT use Cloud Servers services for:

Illegal Activities

✗ Any activity that violates local, national or international laws

✗ Distribution of illegal content

✗ Infringement of intellectual property rights

✗ Fraud, phishing or pyramid schemes

✗ Money laundering or terrorism financing

Spam and Unsolicited Communications

✗ Mass sending of unsolicited emails (spam)

✗ Hosting sites promoted through spam

✗ Email address scraping

✗ Use of purchased or harvested email lists

Harmful or Malicious Content

✗ Distribution of malware, viruses, ransomware

✗ Hosting phishing sites

✗ Proxy or relay of malicious traffic

✗ Botnet C&C (Command and Control)

✗ Unauthorized cryptomining

Network Abuse

✗ Unauthorized port scanning

✗ Penetration attempts on third-party systems

✗ DDoS (Distributed Denial of Service) attacks

✗ Excessive bandwidth use affecting other clients

✗ Attempts to evade network security measures

Objectionable Content

✗ Child pornography or child abuse content (CSAM)

✗ Content promoting violence or terrorism

✗ Illegal gambling sites

✗ Sale of illegal products or services

Other Abuses

✗ Resale of services without written authorization from PMS

✗ Resource use that negatively affects other clients

✗ Benchmarking or load testing without prior approval

4.2 RESOURCE LIMITS

Fair Use Policy:

Resources are allocated according to contracted tier. Sustained excessive use (>95% for 48+ hours) may result in:

• Client notification
• Request for upgrade to higher tier
• Temporary throttling if affecting other clients

Network Traffic:

• No strict bandwidth limits
• Use must be reasonable and non-abusive
• Occasional spikes are acceptable
• Sustained abuse may result in suspension

4.3 CONSEQUENCES OF VIOLATIONS

First Violation (minor):

• Email warning
• Request for immediate correction
• 24-48 hour deadline to remedy

Serious or Repeated Violations:

• Immediate service suspension without prior notice
• Possible permanent account termination
• No refunds granted
• Data may be retained for legal investigation

Critical Violations (severe illegality):

• Immediate suspension
• Report to competent authorities
• Full cooperation with legal investigations
• Permanent termination without refund

4.4 REVIEW PROCESS

If a client believes an AUP suspension was an error:

• May submit appeal to [email protected]
• PMS will review the case within 24-48 hours
• PMS’s decision is final

5. BACKUPS AND DATA RECOVERY

5.1 Included Backups

• Frequency: Daily (automatic)
• Retention: 7 days
• Storage: Off-site (outside main server)
• Type: Full system snapshots

5.2 Backup Restoration

• Request: Via support ticket
• Response time: 4-8 business hours
• Free of charge for reasonable restoration requests (1-2 per month)
• Frequent restorations may incur additional charges

5.3 CLIENT RESPONSIBILITY

IMPORTANT - LIMITATION OF LIABILITY:

• PMS performs backups as courtesy and additional security measure
• CLIENT IS FULLY RESPONSIBLE for maintaining their own backups of critical data
• PMS DOES NOT GUARANTEE that backups are complete, recoverable or corruption-free
• PMS IS NOT RESPONSIBLE for data loss under any circumstances
• It is strongly recommended that client maintain independent backups outside PMS

Client must:

• Maintain independent backup copies of critical data
• Regularly verify backup integrity
• Test restoration procedures
• Not rely solely on PMS backups

5.4 Backup Exclusions

Automatic backups may not include:

• Large databases (>10GB) without special configuration
• Temporary files or caches
• Extensive logs

6. MIGRATION AND SETUP

6.1 Initial Setup

Included in all tiers:

• Operating system installation
• Basic security configuration
• Firewall configuration
• Control panel installation (if applicable)

Setup Fee:

• TIER 1: $39 (one-time)
• TIER 2: $89 (one-time)
• TIER 3: $139 (one-time)

Setup fees are non-refundable.

6.2 Assisted Migration (Optional)

Not included - Additional service:

• Basic migration: $150
• Complex migration (databases, multiple sites): $300-$500
• Quote based on complexity

6.3 Provisioning Time

• New setup: 24-48 hours after payment confirmation
• With migration: 3-5 business days

7. UPGRADES AND DOWNGRADES

7.1 Upgrades

• Available at any time
• Change effective within 24 hours
• Prorated difference charged for current period
• No penalties for upgrade

7.2 Downgrades

• Effective at end of current billing period
• No prorated refunds granted
• Requires verification that current resources fit lower tier
• PMS may deny downgrade if not technically feasible

7.3 Additional Resources

Available add-ons:

• Additional RAM: $15/4GB per month
• Additional storage: $10/50GB NVMe per month
• Extra support hours: Upon request
• Additional IP: $5/month

8. CLOUDFLARE PRO (TIER 2 and 3)

8.1 Included

• Cloudflare Pro plan
• Initial configuration by PMS
• Basic WAF (Web Application Firewall)
• Managed SSL certificates
• DDoS protection

8.2 Administration

• PMS configures and manages Cloudflare
• Client has read-only access to dashboard
• Configuration changes must be requested from PMS

8.3 Limitations

• Valid only for 1 primary domain
• Additional domains may require extra cost

9. CANCELLATION AND REFUNDS

9.1 Cancellation Process

• Written notification with 30 days advance notice
• Email to: [email protected]
• Service remains active until end of paid period

9.2 Refund Policy

• No refunds granted for cancelled monthly services
• Setup fees are non-refundable under any circumstances
• SLA credits are the sole remedy for service issues

9.3 Data After Cancellation

• Client has 7 days to retrieve data after cancellation
• After 7 days, all data will be permanently deleted
• PMS is not obligated to retain backups after 7 days

10. LIABILITY AND ADDITIONAL DISCLAIMERS

10.1 Application Security

PMS provides infrastructure-level security. Client is fully responsible for:

• Keeping software updated (CMS, plugins, frameworks)
• Implementing secure development best practices
• Validating user input in their applications
• Protecting against SQL injection, XSS, CSRF
• Session and authentication management in applications

If client’s site/application is hacked due to application vulnerabilities, PMS:

• Will help identify attack vector at infrastructure level
• May assist with basic cleanup (under support hours)
• IS NOT RESPONSIBLE for damages, data loss or downtime

10.2 Software Licensing

Client is responsible for:

• Obtaining appropriate licenses for all commercial software
• Complying with open-source software license terms
• Not installing pirated or unlicensed software

PMS may suspend services if unlicensed software is detected.

10.3 DMCA and Intellectual Property

If PMS receives a valid DMCA notice:

• We will suspend access to infringing content
• We will notify client
• Client may file counter-notice
• If unresolved, PMS may terminate service

11. CONTACT AND SUPPORT

11.1 Support Channels

• Tickets: https://support.pmamultiservice.com (preferred)
• Email: [email protected]
• Phone: +507 6491-0158 (critical emergencies only)

11.2 Hours

• Emergencies (Tier 2 & 3): 24/7/365
• General support: Monday to Friday, 8:00 AM - 6:00 PM GMT-5

11.3 Escalation

For unresolved issues:

• Level 1: Standard technical support
• Level 2: Support supervisor (escalated after 24h)
• Level 3: Technical management (critical cases)

12. SPECIAL TERMS

12.1 Root/Admin Access

• Client receives root/administrator access to server
• With great power comes great responsibility
• Client may break managed service configurations
• PMS will attempt to restore configurations, may consume support hours

12.2 Custom Configurations

• Client may request special configurations
• Subject to approval and availability
• May consume support hours or require additional cost

12.3 Compliance

• PMS does not certify compliance with specific regulations (HIPAA, PCI-DSS, etc.)
• If client requires compliance, must contact for custom enterprise solutions

13. ADDENDUM MODIFICATIONS

PMS may modify this addendum with 30 days notice. Significant changes will be communicated by email.

14. ACCEPTANCE

By contracting Cloud Servers service, client accepts this addendum together with PMS’s General Terms and Conditions.

PANAMA MULTISERVICE (PMS)

Email: [email protected]

Tel: +507 6491-0158

Web: www.pmamultiservice.com

Version 1.0 - Effective: February 3, 2026