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Conditions

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Conditions of Service we provide

1.- General Conditions

CONTRACTOR refers to the company or individual who involves in a relationship of the provision of a service by an approval be it written, oral, monetary advance or signing contract with the CONTRACTEE.

 CONTRACTEE will henceforth refer to Rafael Juárez, representative of the collective Movidagrafica.

THIRD PARTY will refer to any other provider, whether it is a natural or legal person involved in the business relationship between the CONTRACTOR and the CONTRACTEE. The CONTRACTOR shall designate a single person as representative, who shall have power to make billable decisions on work and be with whom the CONTRACTEE has contact for operational purposes.

Service will be from Monday to Friday from 9:00 am to 6:00 pm.

The CONTRACTEE will not be held responsible for the loss or damage of any material sent by a shipping company.

The CONTRACTEE will not be held responsible for any consequences of error, omissions or delays on indications or allocable information to the CONTRACTOR.

Work officially begins when the CONTRACTOR sends the CONTRACTEE a copy of this contract, with his/her signature, name and identity card or identification, whether in digital or written form.

2.- Prices, payment and delivery

Delivery times will only be counted starting from the date in which the CONTRACTOR delivers all the supplies agreed upon with the CONTRACTEE, which will issue a statement expressing that the supplies are suitable.

All delivery times referred to the work of the CONTRACTEE are numbered in "Business Days" (Saturdays, Sundays or holidays are not counted).

The CONTRACTEE commits to show a private preview of the work in a period no longer than 75% of the budgeted time with the aim that the CONTRACTOR can know the actual progress of the project and prepare changes accordingly for the first changes session.

The CONTRACTEE commits to report at least once a week the progress of the project through a document prepared for this purpose and previously shared with the CONTRACTOR.

The CONTRACTOR will have 30 continuous days to send 100% of the supplies needed to perform the work (details in Section 5). In the event that this period is exceeded, the conditions for the automatic expiration of the contract will apply (Section 3).

The CONTRACTOR may not demand the delivery of the work before the date previously budgeted and agreed, however, it is possible to budget the production of the work in less time, with additional charges. 

The CONTRACTEE will publish web pages, deliver final artwork, editable files or other related pieces, only after 100% of the payment of the project is completed.

Delivery of all the pieces will be performed electronically. The CONTRACTEE does not commit to sending any material by physical means.

Delivery times elapse while the CONTRACTEE is in possession of all the material and agreed indications and stop at any time in which the CONTRACTEE is waiting for decisions, corrections, suggestions or any other type of communications that the CONTRACTOR must perform.

The CONTRACTEE commits to advise the CONTRACTOR about any irregular situation noted in the works that have been sent to be printed from outside suppliers, however, is not responsible for any error, omission, mishap or change by the THIRD PARTY.

Every piece is the property of the CONTRACTEE until 100 % of the payment for the project is made.

The CONTRACTOR may not, on their own or through a THIRD PARTY, manipulate, migrate, backup or publish any piece made by the CONTRACTEE until 100 % of the payment of the project is made.

Websites

The CONTRACTEE commits to fulfill all the requirements of the CONTRACTOR and adapt them witinh the objectives of the marketing strategy, reflecting this in a web design proposal.

If the information transcription services  are not budgeted, the information present on the website is the responsibility of the CONTRACTOR. In this case, the CONTRACTEE is under no obligation to upload the information, make corrections or additions to the web site content, unless it is in the non-self-managing sections.

If the information transcription service has not been budgeted, delivery of the web site will be done with simulated text; the corrections will be made on the web site without final text and will continue to the closure of the project without waiting for the CONTRACTOR to have the information available to be uploaded on the site.

The training to manage a smart website will be made after the CONTRACTOR has paid the full amount of the project and will be conducted by telephone, Skype, chat, email or in person, at an address chosen by the CONTRACTEE.

At the end of the production phase the CONTRACTEE will notify the CONTRACTOR via email about the availability of the website in a temporary location for display purposes and in order to request changes to the design. The CONTRACTOR has 15 regular days to make the review and send the corresponding changes for the first or second change session. In the case that the review sessions have already been exhausted, the CONTRACTOR has 15 days to make the payment of the final amount of the project.

Removal of the website for lack of response

After 15 days without obtaining the instructions for the session corresponding changes or in the case of failing to transfer the final payment for the project, the CONTRACTEE shall have the power to remove the website from the temporary location and keep it as his property until the payment is properly made and reported.

After a web page has been removed, the republication or delivery will have the following schedule of costs; depending on the time between the moment the website is removed from the server and when the CONTRACTOR request the restoration/delivery of the webpage by the CONTRACTEE:

  • Up to 30 days: 10% of the amount due
  • Up to 60 days: 20% of the amount due
  • Up to 120 days: 50% of the amount due
  • More than 120 days: 100% of the amount due

After the first removal due to lack of response, the CONTRACTOR may no longer request any changes to the design, information or functionality of the website as part of this contract. In the case that you wish to make changes of any kind, you must request a new budget.

Payments

The following methods are accepted as a form of payment:

We do not accept checks, vouchers or bank drafts.

Value-added tax (VAT) and Invoices

The prices shown in the budget do not include VAT. The CONTRACTOR should add the VAT to the payment in order to receive the invoice.

Upon request of the invoice, the CONTRACTOR must fill the data in the following form www.movidagrafica.co/SVF-form-factura.php

Unless a different method is agreed, the invoice will be sent to the CONTRACTOR address via postal mail; if the CONTRACTOR does not want to use this mode, you can send someone to retrieve it at an address chosen by the CONTRACTEE.

For budgets including THIRD PARTY services, the payment is subject to the conditions of the THIRD PARTY.

Payment Report

The CONTRACTOR must report the payments through the following link: http://en.movidagrafica.co, so that the payment can be considered effective.

After the approval of each payment, we will proceed to make the established activities.

Financing

The CONTRACTOR cannot request a different payment methodology than the agreed upon method in this contract after its execution.

We do not finance payments to a THIRD PARTY.

3.- Automatic Cancellation of the Contract

Automatic cancellation of the contract refers to the permanent invalidation of said contract, as well as all obligations of the CONTRACTEE towards the CONTRACTOR.

The automatic cancellation of the contract involves:

  • The CONTRACTEE is under no obligation to perform the activities or services accorded or to deliver any file that results from the work performed under this contract.
  • The CONTRACTEE remains the owner of all the pieces made to the CONTRACTOR ruled under this contract.
  • The CONTRACTEE can remove from the servers, all digital pieces that have made to the CONTRACTOR.
  • If the CONTRACTOR wishes to resume the project, he/she must request a new budget to the CONTRACTEE.

The automatic cancellation of the contract will occur after some of these conditions are fulfilled, in that case, the CONTRACTEE will send a formal communication to the CONTRACTOR informing that the previous approval to this clause and what actions to take if:

  • The CONTRACTOR fails to deliver the agreed supplies to start to work within a period equal to or less than 30 days.
  • The CONTRACTOR refuses or is delayed, to make the payment of the amount due in a period greater than 15 continuous days.
  • The CONTRACTOR stops responding to written communications or telephone calls in a period equal or greater than 30 days.
  • The CONTRACTOR declares the abandonment of the project for reasons unaffiliated with the CONTRACTEE.
  • THE CONTRACTOR does not send the instructions to perform any of the change sessions in a period greater than 15 continuous days.
  • The CONTRACTOR incurs in recurring events (more than two will be considered as recurrent) of disrespect or any other type of communication considered by the CONTRACTEE as inappropriate, uncomfortable, stressful or annoying.

The CONTRACTEE agrees to notify this situation to the CONTRACTOR with a minimum of 3 working days, to give the opportunity to the CONTRACTOR to regularize their situation.

The automatic cancellation of the contract does not exempt the CONTRACTOR from payment owed to the CONTRACTEE to date.

4.- Refunds and Returns

In the case of an agreement on some reimbursement from the CONTRACTEE, the beneficiary will only be the CONTRACTOR; the refund will be made in the form of bank transfers. A maximum of 4 payments will be made in a period not exceeding 90 days. The number of payments is under the authority of the CONTRACTEE.

The CONTRACTOR may request a full refund of the money paid as an advance in the following cases:

  • The CONTRACTEE has not started the activities in a period equal or greater than 10 business days.
  • The CONTRACTEE does not respond to communication attempts either by spoken, written or digital methods in a period equal to or greater than 10 business days.
  • The CONTRACTEE has pieces that are demonstrably in disagreement with the marketing objectives set for the project.

The CONTRACTOR may request a partial refund of the money paid as an advance in the following cases:

  • The CONTRACTEE decides to not continue the project for personal reasons.
  • The CONTRACTOR decides that the CONTRACTEE is not the ideal supplier to carry out the project. This decision must be announced in writing during the production phase at the latest.
  • THE CONTRACTEE has not properly reported the progress of the work in accordance with the terms of delivery as described previously in the budget.
  • The CONTRACTEE does not present any proof or evidence of the ongoing work in a period not greater than 75% of the budgeted time.

In cases of partial refund of the money, there will be deductions from the refund amount equivalent to the value of:

  • All expressly approved pieces (orally or in writing).
  • All given consulting work, whether formal or informal, hired or spontaneous.
  • Any goods or services from a THIRD PARTY, acquired on behalf of the CONTRACTOR in the course of the relationship.

The CONTRACTEE will not refund any advance of payments on any of the following cases:

  • The CONTRACTOR incurs any of the conditions that apply the clause on automatic cancellation of the contract.
  • The CONTRACTEE can prove that the realized work complies fully with the suggested marketing objectives.
  • The CONTRACTOR refuses to suggest, develop or present a coherent marketing strategy that can serve as an objective guide for the design works.
  • It is proven that the CONTRACTEE has fully followed the instructions presented in the hired changes session.
  • The CONTRACTOR sent different supplies (in quality or quantity) as agreed.
  • Additional change sessions from the budgeted ones, were made by mutual agreement between both parties.

In the case of discounts or promotional packages, if the CONTRACTOR retracts to hire any service included, the credit in favor will NOT be for the same nominal cost but will be affected by the same percentage of the applied reduction. Example: if a service is offered by 1000, then a reduction of 15% is made, and the CONTRACTOR regrets to hire that service, the credit will only count for 1000-15% (150): 850.

Example: if a service is offered by 1000, then a reduction of 15% is made, and the CONTRACTOR regrets to hire that service, the credit will only count for 1000-15% (150): 850.

5.- About the supplies for the jobs

Unless a transcription service is expressly budgeted, the CONTRACTEE will not accept any handwritten or printed manuscript as a job supply; this type of material will only be taken as visual reference and will also be treated as disposable material.

In the case that a writing service has not been budgeted and it is required for some type of preliminary content (text) to perform an activity, it must be well written and must meet a minimum quality, depth and concretion.

Based on criteria of quality, quantity and adaptation to the objectives of the job, the CONTRACTEE has the power to consider that the supplies sent by the CONTRACTOR are "unsuitable".

The requirements considered unsuitable are:

  • Different information (in quality or quantity) to the required/agreed between CONTRACTEE and CONTRACTOR.
  • Texts with writing errors or spelling.
  • Texts are too generic or too short.
  • Images of poor quality (less than 1600 px wide, pixelated, blurred, dark or corrupted), chosen arbitrarily, clearly discordant with the message suggested in the marketing strategy.
  • Printed images or text.
  • Directives not consistent with the marketing objectives.
  • Handwritten text.
  • Videos in lesser quality than 640 x 480 px.
  • Logos in a non-vector format.

In the case of unsuitable material, the CONTRACTOR shall not require the CONTRACTEE to consider:

  • The CONTRACTOR satisfaction over the integrity or quality of work.
  • The budgeted delivery times.

The CONTRACTEE is committed to properly advise the CONTRACTOR about issues involved in the production of the necessary and appropriate supplies, however, the responsibility for the delivery of the supplies is the sole responsibility of the CONTRACTOR.

The Marketing Briefing

All parts made by the CONTRACTEE are destined to accomplish the goals, conditions, parameters, guidelines and references set out in a marketing strategy briefing previously completed and approved by the CONTRACTOR.

The CONTRACTEE does not commit to perform oriented jobs to satisfy personal tastes or objectives previously non-stated in the marketing briefing.

The marketing briefing must be delivered to CONTRACTEE before performing any type of activity.

The CONTRACTEE commits to assisting the CONTRACTOR in the resolution of any questions regarding the marketing briefing, however, the information provided by the CONTRACTOR is 100% his/her responsibility.

The CONTRACTOR agrees that in the absence of a marketing strategy, the CONTRACTEE will not have to satisfy the personal expectations that have not been declared in writing in the marketing briefing.

6.- About the Phases of the project and changes to the design

For every project, four phases are defined:

Supplies Phase: Period in which the bases of the project are collected, the marketing briefing is completed, and all necessary supplies are delivered to do the job.

Production Phase: Period in which the CONTRACTEE does the offered work.

Adjustments Phase: Period during which the CONTRACTOR request adjustments or changes to the design in the form of changes sessions and the CONTRACTEE make the adjustments.

Delivery Phase: Period in which the CONTRACTEE makes formal delivery of all the fulfilled jobs, source codes, editable files and final arts.

Conditions about the phases of the work

The supplies phase may not exceed 30 days; if this period is exceeded, conditions apply for the automatic cancellation of the contract.

The CONTRACTEE commits to inform the CONTRACTOR about the moment the production phase begins, giving a warning that from that time, no new supplies or requirements will be received.

The CONTRACTOR may not make job requests or delivery of supplies in any phase other than the supplies phase; all kind of supply delivered outside of the corresponding phase will be ignored by the CONTRACTEE.

It will continue to the delivery stage only after the 100% of the payment of the project has been done and made effective.

Changes Sessions

A changes session is a formal, written request that the CONTRACTOR is entitled to as part of this contract, to request all desired changes in design, layout or functionality of a part, as long as:

  • It does not represent the performance of activities or services that have not been expressly mentioned in the budget or in this contract.
  • It does not result in the delivery of the supplies or any information outside of the supplies phase.
  • They are written.
  • That They are delivered in a single communication or document, not gradually.
  • They are understood by the CONTRACTEE.

Unless it is budgeted differently, all budgets include 2 changes sessions to any design piece.

Unless explicitly budgeted, work does not include:

  • Making changes to the design according to the subjective criteria of the CONTRACTOR, which has no connection with the marketing objectives suggested in the project or contradicts the criteria of the CONTRACTEE as a professional of the design.
  • Making changes requested outside of the conditions of the changes sessions.
  • The possibility of adding new supplies after the design work has already started, and the delivery supplies phase has closed.
  • Performing versions of the same piece in another non-budgeted language.
  • Making/Modifying parallel versions, clones, copies of the same piece.
  • Adding systems, modules, applications or any kind of additional software development.

Errors or omissions by the CONTRACTEE

Flaws, errors or omissions do not count as changes; the CONTRACTEE commits to perform the necessary activities to correct any errors attributable to his performance, in an unlimited way in a period not exceeding three months after the delivery date of the pieces.

Extra changes sessions

In the case that an additional chance session is needed to the ones budgeted, the CONTRACTEE shall have the power to consider them as susceptible work to be budgeted and billed independently to the work covered by this contract.

The payment for the extra changes sessions must be made in advance.

Any extra changes session must be made after the project has been completed and paid under the original budget.

7.- About the content management system svcmscentral.com

When the CONTRACTOR hires the service CMS (content manager for self-administered page), the content management system is located in www.svcmscentral.com. This system will allow the management of the website, through all the processes and operations offered.

The www.svcmscentral.com system is entirely owned by the CONTRACTEE. No changes to the design or functionality of the system will be accepted; however, it is possible to budget improvements to the system.

The CONTRACTEE will send an annual collection charge to the CONTRACTOR for the usage of this tool.

While the duration of the contract, the CONTRACTOR will enjoy for free, all the improvements and fixes made to the system as long as these are made in modules that the CONTRACTOR has received from the CONTRACTEE, as well as unlimited advice on its use, manuals, documentation and instructional videos.

Additionally, you will enjoy substantial discounts on the prices of new modules or additional functionality.

The CONTRACTOR can enjoy access to svcmscentral.com while the relationship is in effect (the HPMC contract is still valid).

The following actions of the CONTRACTOR shall be considered violations of the HPMC agreement:

  • Does not pay the annuity.
  • Does not answer the communications from the CONTRACTEE in a period longer than 30 days.
  • Requires or demands modifications to the terms of this contract as a condition to make the payment.
  • Posts pornographic, offensive, or discriminatory content that represents some abuse for some cultural or age bracket group, be it that can defend itself or not.
  • Posts content that could damage other computers or property.

In case of violation of this contract, the CONTRACTEE has the power to terminate the relationship without prior authorization from the CONTRACTOR and without any obligation to make a refund. In this case, it will notify the CONTRACTOR of that decision within a period of 30 continuous days in advance.

In the event of a cessation of the provision of the service of svcmscentral.com, the CONTRACTOR may retain all the development and content of the website but will not have access to the www.svcmscentral.com system to modify the content or administer functions of the webpage.

8.- About the hosting of the Web Pages

When the CONTRACTOR hires the development of a webpage from the CONTRACTEE, the CONTRACTOR automatically contracts the service (HPMC) Hosting, Protection, Maintenance and Consulting, renewable each year (365 days).

The hosting is done through a THIRD PARTY designated by the CONTRACTEE.

The HPMC service includes the following:

  • Hosting and domain services of the website.
  • Technical service for flaw resolution directly related to the hosting service.
  • Advice rtoated on the use of the services of the hosting account (ie, corporate email).
  • Maintenance service of your account in the content management system svcmscentral.com.
  • Advice on managing the content management system.

Renewal of HPMC Contract

In order for the CONTRACTOR to continue to enjoy the Hosting, Protection, Maintenance and Consulting annual service for his/her website, they will need to pay the indicated amount in the notification email within a year after the service was contracted.

If the CONTRACTOR wishes to work with his/her own hosting provider, the following conditions apply:

The CONTRACTEE will manage all requirements related to the hosting with the CONTRACTOR; the CONTRACTEE will not make direct contact with any THIRD PARTY hired by the CONTRACTOR.

All restoration, configuration or report indicated, generated by unauthorized access, failure or incompatibility related with the hosting will incur an additional cost, which will be budgeted at the time of the incident.

The CONTRACTEE will not take responsibility for the integrity and security of the information published in the CONTRACTOR hosting account.

Any delay caused by any issue relating to the hosting will be deducted from the business days offered for the job.

Any activity by the CONTRACTEE, derived from the lack of awareness of the technical issues related to hosting, domain, emails, databases and security or integrity of the website by the CONTRACTOR, will be subjected to an additional budget.

9.- About the use of digital tools

The correct use of any tool of digital marketing (websites, blogs, social networks profiles, mailing systems, product catalogs, purchase order systems, registered users systems, etc.) developed by the CONTRACTEE, is up to the power and responsibility of the CONTRACTOR .

Unless otherwise specified, all complications, errors, problems, defects, obstacles and delays caused by the lack of knowledge in the above mentioned areas, are completely out of the commitment of the CONTRACTEE as well as the costs and time associated with the resolution of them.

10.- About the intellectual property and THIRD PARTY terms of service

The CONTRACTEE is committed to give the CONTRACTOR the copyrights of all pieces included in this contract, with the following exceptions:

  • All aspects related to the web site svcmscentral.com
  • Commercial typography used in the design.
  • Designs not approved by the CONTRACTOR.
  • Pieces that are not expressly mentioned in this contract.

The copyright transfer from the CONTRACTEE to the CONTRACTOR will be made only after the CONTRACTOR has settled 100% of the debt to the CONTRACTEE and the latter presents a confirmation in accordance with the payment made.

The copyright transfer is made in writing by means of a copyright transfer document; this transfer must be specifically requested by the CONTRACTOR.

Unless otherwise agreed, the CONTRACTEE will keep the copyrights of any work performed in a manner of donation, exchange of services, collaboration or strategic partnership.

The CONTRACTEE is responsible for advising the CONTRACTOR about the need for the registration of trademarks and other registrable works as from the final delivery of the CONTRACTEE parts, is the CONTRACTOR, in quality as the owner of the designed pieces, and is solely responsible to make the necessary process to verify the uniqueness of the graphic material that is intended to use in a public and commercially manner.

Since it is impossible to determine whether a graphic work break any copyright laws until a legal petition before the competent authorities has been presented, and since the solely responsible party to make the registration is the CONTRACTOR, in the case that in the trademarks or susceptible works registration process to be protected by means of intellectual property, the CONTRACTOR be able to demonstrate that the work done by the CONTRACTEE infringes any copyright laws, the CONTRACTEE commits to reconsider for free the work and submit a new proposal for the CONTRACTOR to choose a new design.

The CONTRACTEE reserves the right to acquire, unilateral and legally, licenses for the purchase of graphic material intended to be used as a source of inspiration, reference or design basis for the development of graphic pieces under a special requirement. THE CONTRACTEE commits to transfer the license of all graphic material used as a reference during the project.

THE CONTRACTEE is not responsible for the presence of images similar to those delivered to the CONTRACTOR in electronic or printed media that are published or act under the legislation of countries other than Colombia.

Signature on web pages

In the case of web pieces designed by the CONTRACTEE, they reserve the right to place a signature on the main page or index, no more than 1 centimeter high, giving credit as producer of the website.

The CONTRACTEE reserves the right to mention any of these entities as producer of the website: proyecto-internet.com, shockdc.net, movidagrafica.com, movidagrafica.co or blog.movidagrafica.co. The CONTRACTEE may not place links to other websites not directly related to him and his profession in web marketing/design.

Unless it is previously agreed and it is part of this contract, the CONTRACTOR will not have power to remove or request the removal of this signature to the CONTRACTEE or a THIRD PARTY.

The CONTRACTOR should always recognize the CONTRACTEE as producer of the web piece and may not assign himself/herself or a THIRD PARTY the credit for the development of any of the work done by the CONTRACTEE.

The violation of the terms and conditions of service of any THIRD PARTY involved in the business relationship between the CONTRACTEE and the CONTRACTOR is the responsibility of CONTRACTOR.

On the use of illegal material on the website

Because the web pages offered by the CONTRACTEE are self-administered (the CONTRACTOR has the power to upload any type of material in them) and that the CONTRACTEE is not responsible for the origin of the material delivered by the CONTRACTOR as supplies for the development of a work; the use of images, videos or information protected by copyright or intellectual property will be the sole responsibility of the CONTRACTOR. Which will be responsible for investigating the origin and the jurisdiction that sanctions or regulates the material use present in any of the pieces designed by the CONTRACTEE.

The publication of any content punishable by law in the webpages developed by the CONTRACTEE, produced by the CONTRACTEE or under his orders, is the responsibility of the CONTRACTOR.

on July 18, 2017