For a better understanding of the mutual agreement of both parties, there are some term and condition definitions, in order to clarify the legal issue:
Acceptance of material: as per the regulations, THE PROVIDER accepts by signing a form that the materials delivered by THE CLIENT are adequate to perform and provide the service required hereunder.
Acceptance of graphic pieces: as per the regulations, THE CLIENT accepts the content developed by THE PROVIDER, in accordance with the guidelines established in the brief paper.
Final Art, File or Editable Vector: delivery forms of pieces done by the PROVIDER as a product of the contracted service.
Project Status Report: A document prepared by THE PROVIDER to check the progress of the services contracted by THE CLIENT.
Brief Paper: essential written document done before any graphic design or advertisement work, whereby the background, requirements, needs and objectives of THE CLIENT are clearly and concisely determined.
Marketing Brief Paper: essential written document done before developing any marketing strategy, whereby the background, requirements, needs and objectives of THE CLIENT are clearly and concisely determined.
Online client support chat: digital written communication mode in real time, between the PROVIDER and THE CLIENT, through devices connected to the Internet.
Written notice: any kind of written document submitted by both parties, in hard or digital copy.
Terms of delivery: set of rules applied to a work delivery, design and service performed and provided by THE PROVIDER.
Acceptance of services: formal written document, whereby THE CLIENT accepts, approves, and acknowledges the graphic pieces and services performed by THE PROVIDER hereunder.
Contracted party: Movidagrafica, Agencia de Marketing SAS, shall be considered as THE PROVIDER.
Contracting party: THE CLIENT is any legal or natural person that enters into a legal relationship with THE PROVIDER by reaching a written or oral agreement, receiving money in advance or signing a contract.
Contract: a contract is a written agreement whereby THE CLIENT and THE PROVIDER agree to fulfill and follow a series of established terms and conditions.
Subjective criteria of THE CLIENT: it is the appreciation of all the required graphic pieces through personal perception and liking, and without any theoretical background or knowledge about advertising and marketing.
Business day: a business day includes all official working days of a week (Monday, Tuesday, Wednesday, Thursday, and Friday), excepting weekends and public holidays.
Consecutive day: a consecutive day includes all calendar days, working or not, including weekends and public holidays.
Website availability: notification of THE PROVIDER, after production, indicating the website is in a temporary location for THE CLIENT to visualize it and check it out.
E-mail: network service that allows users to send and receive digital messages via Internet. This is also the name of a user´s virtual inbox.
Acknowledgement and acceptance of the receipt: process in which THE PROVIDER performs the formal delivery of the receipt, and THE CLIENT submits a formal written document of acknowledgement and acceptance.
Mistakes and omissions of THE PROVIDER: it is any mistake, failure, and omission in the pieces required hereunder, attributed to the performance of THE PROVIDER.
Marketing strategy: it is the development or planning of specific actions to achieve specific marketing goals for a company, organization or public figure.
Digital receipt: it is a document as valuable as a receipt printed on paper, issued by THE PROVIDER to THE CLIENT, and it describes the respective products and services, costs and taxes.
Adjustment phase: period in which THE CLIENT requests some adjustments or changes to the design in different adjustment sessions, and THE PROVIDER performs those adjustments.
Materials phase: period in which the project data are collected, the marketing brief paper is completed, and all the necessary material provided to perform the service.
Production phase: period in which THE PROVIDER performs the required service.
Pre-visualization phase: period in which THE PROVIDER delivers some sample works to give proof of its completion, and to request the complete payment for the service.
Delivery phase: period in which THE PROVIDER formally delivers all the work performed, source codes, editable files, and final arts.
Payment methods: available methods accepted by THE PROVIDER in order for THE CLIENT to pay the amount of money concerning the services cost.
Service provision schedule: daily hours stablished as workday for THE PROVIDER to support THE CLIENT.
Materials: any kind of information, audiovisual material and texts THE CLIENT must provide to THE PROVIDER in order to perform any work.
Marketing: discipline that studies the creation activities and processes, diffusion and commercialization, and product and service exchange, in order to satisfy the needs of the consumer to obtain benefits.
E-mail notification: notification used by both parties through e-mails established by THE CLIENT and THE PROVIDER hereunder.
Traditional notification: written and printed notification by THE CLIENT and THE PROVIDER, and delivered in stablished locations hereunder.
Valid notification of both parties: valid written means of communication stablished hereunder, in a place established by THE CLIENT and THE PROVIDER.
Marketing objectives: sale, cost effectiveness, position and market penetration goals intended to be achieved implementing actions and activities established in a marketing strategy.
Website: advertisement item or digital document containing texts, images and/or videos, developed in HTML language and stored in Internet servers to be access with a URL address using a hypertext transfer protocol.
Contracted pieces: it represents all the works and visual ads established hereunder, and the payment for all of them, done by THE PROVIDER for THE CLIENT.
Budget: cost and price of the contracted service, including its scope, value, time of elaboration and delivery.
Additional budget: cost of a service not included in the object of a contract, and independently paid by THE CLIENT complementing project price.
Preview: previous check of a provided service.
Project: object of contract representing the service of THE PROVIDER contracted by THE CLIENT.
Website removal: action of eliminating website advertising of its temporary location to keep it as a property of THE PROVIDER due to a breach of contract of THE CLIENT.
Self-management section: website sections whereby THE CLIENT can manage and modify their content.
Additional transcription service: it includes the service of information or content uploading to the website, and it is an additional service not included in the object of the main contract. THE CLIENT provides the transcription contents.
Additional editing service: it includes the service of information or content creation and uploading to the website, and it is an additional service not included in the object of the main contract. THE PROVIDER provides the editing contents.
CMS service: Content Management System of a website.
Photographic session: service held by a photographer for a specific period to capture or take a specific number of photographies.
Adjustment sessions: a formal written request done by THE CLIENT in the adjustment phase to ask for some changes, according to the established in the Brief Paper and/or marketing objectives, concerning graphic design, diagramming and functioning of graphic pieces done by THE PROVIDER, as part of the services required hereunder. There are ordinary adjustment sessions (included in the initial contract) and extra adjustment sessions (with additional cost).
Skype: software distributed by Microsoft that allows two (2) or more people to communicate by sending text messages, voice notes and videos through the Internet.
Third party: any other party involved in a legal relationship between THE CLIENT and THE PROVIDER.
Delivery time: period in business days to deliver the project or pieces established in the contracted service.
Website temporary location: storage and publication of a website and its content in a server domain for a specific time and for THE CLIENT to visualize it.
Electronic means: all services, payment notifications and transfers, data, images, digital documents, videos and files used through automatized electronic networks and Internet.
Video: image sequence technology that represents moving scenes in a determined time.
The service is from Monday to Friday, from nine in the morning (9:00 AM) up to six in the afternoon (6:00 PM). Any kind of activity out of this schedule will have a $ 50 extra charge or a similar amount in the respective local currency of the contract for every day passed.
Every meeting must be called at least three (03) business days in advance, through written notification.
Photographic or video sessions must be called at least five (05) business days in advance, through written notification.
THE PROVIDER is not responsible for any loss or damage to the client´s physical material caused by a transport company or any third party acting as deliverer of the package.
THE CLIENT shall assign a person as a representative, who shall have power to take decisions over the work, and who THE PROVIDER shall have contact with for operational procedures.
THE PROVIDER does not perform any kind of activity nor delivery to a non-previously identified person by the CLIENT as an authorized representative.
Notices, requests, communications and notifications done by both parties to accomplish the hereby terms, must be recorded in writing and duly recognized only if delivered personally by postal service or e-mail to the person or people acting as representatives.
There are four phases concerning the project:
Period in which the project data are collected, the marketing brief paper is completed, and all the necessary materials provided to perform the service. THE PROVIDER is bound to supply THE CLIENT enough and clear information about ways of improving practices regarding material collection and production.
Unless a different period is set in writing, THE CLIENT shall have 30 continuous days to supply the necessary materials to perform the project or service required. If by any circumstance the period is longer than expected, THE PROVIDER can cancel the contract.
In the case of any irregularities in the delivered materials, THE PROVIDER is bound to inform about the situation to THE CLIENT. If THE CLIENT does not want to change those materials, THE PROVIDER will proceed to use them as delivered and THE CLIENT shall not demand for any changes in the final pieces as a part of this contract.
THE PROVIDER is not responsible for any mistake in the information sent by THE CLIENT, and much less for any additional cost or delay caused by correcting non-appropriate materials to perform the service required.
THE PROVIDER is bound to assist adequately THE CLIENT about any aspect involving the production of necessary and adequate materials. Nevertheless, it is complete responsibility of THE CLIENT to supply the materials.
THE CLIENT must request a reformulation of the economic scope of the project, if it is needed an extension of the period to collect materials; calculation shall rise in proportions of $20, €17 or 50,000 Colombian Pesos (COP) for any delay day.
The brief paper is an important document portraying all materials supplied by THE CLIENT, whereby every relevant aspect to perform the service is coherently and objectively declared; this is the first and last reference THE PROVIDER shall use to fulfil the contract terms.
THE PROVIDER shall not consider any other indication, if not adequately declared in the brief paper.
THE PROVIDER must be in possession of the Brief Paper before performing any kind of activity.
Unless a transcription service is in the budget, THE PROVIDER shall not accept any kind of written material, printed or digital image texts as work material. Therefore, they are visual reference and disposable material.
Unless photographic service contracted or images bought in the image bank, the production, buying and/or collection of audiovisual material are the entire responsibility of THE CLIENT.
THE PROVIDER has no obligation to produce, buy or download graphics, photographies, or videos with specific content.
Period in which THE PROVIDER performs the required service and delivers the graphic pieces as a preview for THE CLIENT to have delivery evidence hereunder.
THE PROVIDER is bound to inform via written notice to THE CLIENT about when the Production phase starts, warning that no new materials or requirements will be received.
THE PROVIDER is bound to do the production of the pieces during the days established in the budget.
If not received the necessary audiovisual materials during the material phase, THE PROVIDER has the right to use temporary images, therefore, THE CLIENT shall not demand audiovisual material inclusion or replacement, as part of the agreement.
In this phase, THE PROVIDER shows a preview of the pieces contracted, so THE CLIENT has evidence of the service required hereunder, in order to make the respective payment.
In the case of websites, THE PROVIDER shall publish the preview in a server of its property, indicating that it is only a preview.
In the case of offline graphic pieces, THE PROVIDER reserves its right to use a watermark or send a low-resolution graphic piece.
The CLIENT is forced to make the second payment upon receiving this part.
THE CLIENT is bound to issue a notice during the next 30 consecutive days, whereby these two conditions are informed:
Period in which THE CLIENT requests adjustments or changes to the design in different adjustment sessions performed by THE PROVIDER.
The personalization phase shall include as many sessions as the budget allows. If not included in the budget, THE CLIENT shall not demand any kind of changes to the piece required.
An adjustment session is a formal written request, whereby THE CLIENT requests all changes concerning graphic design, diagramming or functioning of graphic pieces, while:
A budget includes one (1) personalization session of any graphic piece. THE CLIENT is bound to send enough information for THE CLIENT to understand the characteristics and limitations of an adjustment session.
Period in which THE PROVIDER formally delivers all the content done, source codes, editable files, and final arts, including the adjustments required during the personalization phase.
THE CLIENT is bound to make the last payment calculated in the budget for the project, in order to be the creditor of the final delivery of pieces required hereunder.
The delivery of all the content is via electronic means. THE PROVIDER is not bound to send any kind of material through physical means.
If THE CLIENT has contracted an editing and/or transcription service, the following conditions apply:
If THE CLIENT has not contracted any editing and/or transcription service, the following conditions apply:
Delivery times shall be set from the moment THE CLIENT has supplied all the necessary materials to perform the service, and under the delivery material conditions hereunder.
Delivery times stop while waiting for materials, decisions, corrections, suggestions or any kind of notification provided by THE CLIENT.
Production phase, adjustments and delivery times concerning the service performed by THE PROVIDER are in “Business Days” (not counting Saturdays, Sundays, and public holidays).
THE PROVIDER is bound to report, at least once a week, the progress of the project through a document called “Project Status Report”, previously shared with THE CLIENT.
If the website hosting is part of the service, the following conditions apply:
In case of transgression of this contract, THE PROVIDER has the power to finish unilaterally this legal relationship, without prior authorization of THE CLIENT, and without no reimbursement compromise.
When THE CLIENT requests the CMS service, this service shall be located in the website www.svcmscentral.com. This system shall allow managing the website through all the processes and operations offered.
The www.svcmscentral.com system is an entire property of THE PROVIDER. No changes shall be accepted about the graphic design and functioning of the system. However, it is possible to add improvements and personalization in the budget.
The cost of the HRMA shall include the cost of this service and its availability is subject to the payment of this service.
While the contract is in effect, THE CLIENT shall enjoy for-free all the improvements and adjustments done to the system, as long as these changes appear in modules designed by THE PROVIDER for THE CLIENT, and even unlimited assistance in its use, manuals, documents and instructional videos.
Additionally, the client shall enjoy of great discounts in the prices for new modules or extra functionalities.
In case of cease of service provision from svcms.co, THE CLIENT shall retain all development and content in the website, but shall not have access to the www.svcmscentral.com system to modify the content or administrate the functions of the website.
THE CLIENT and THE PROVIDER shall have a meeting to discuss the monthly schedule and the content marketing strategy. THE CLIENT shall be able to request only two additional meetings by videoconference per month.
THE PROVIDER shall plan monthly publications based on the Brief Paper and the material (original content or photos) provided by THE CLIENT. This schedule shall include all the specific publications, including promotions or special events, and be delivered with the graphic content, flyers, and videos for its approval.
If THE CLIENT wants some important and relevant dates to be taken into consideration for publications and planning of the business company, THE PROVIDER must know about this before the schedule is ready.
Once approved the schedule, the graphic material and the videos, THE CLIENT shall have two chances to include two non-scheduled publications, three days in advance.
THE CLIENT must supply all the materials concerning the service required before starting the publication plan and schedule.
Any kind of modification to the graphic works, flyers, videos and work schedule previously agreed, or any request to supply new material for publishing, in addition to the above-mentioned inclusions, shall be included in a different budget.
Any kind of activity requiring a payment to the respective social media is responsibility of THE CLIENT, who shall own a credit card or PayPal account for such purpose.
THE CLIENT shall assign a staff member to respond any request for information and doubts to users not contemplated in the agreement, in a timely manner. This staff member must have access to social media contemplated hereunder.
If THE CLIENT decides the task of responding and giving information to the users and customers related through social media is exclusive to it, or prefers sharing the work between both parties, instead of being managed by THE PROVIDER, the parties must agree in advance.
The articles included in this service shall have about 1,000 to 1,500 words with SEO optimization and free photographies from the bank of images, unless THE CLIENT provides them. These articles shall be written and published in the blog and the website of the client, as long as THE PROVIDER has the necessary access to the account. Each article will be disseminated as a publication following the monthly schedule.
If THE CLIENT does not have a blog, the articles shall be sent via Google Drive.
THE PROVIDER is not bound to publish the articles and graphic works produced hereunder in other websites, social media and means of communication different to those declared by THE CLIENT in the material phase.
THE PROVIDER promises to keep data, keywords and information supplied by THE CLIENT regarding accounts, but is not responsible for unauthorized accesses of third parties to those accounts, neither for restoration works nor for information preservation. The information published in any profile is responsibility of THE CLIENT.
Unless an activity is in the budget, the following are not contemplated hereunder:
THE PROVIDER is not bound to do any kind of extra-contractual activity as part of this contract.
The correct use of any digital marketing tool (websites, blogs, social media profiles, e-mail delivery systems, product catalogs, purchase order systems, registered user systems, etc.) developed by THE PROVIDER is under responsibility of THE CLIENT.
Unless the opposite is here specified, THE PROVIDER is not responsible for all complications, mistakes, problems, damage, obstacles and delays caused by the lack of knowledge in the mentioned areas, including costs and the time to solve those conflicts.
Any kind of activity performed by THE PROVIDER, resulting of not having the technical knowledge related to website hosting, domain, e-mails, database, or security and integrity of the website done by THE CLIENT, is object of additional budget.
THE PROVIDER promises to transfer THE CLIENT the intellectual property rights, use and exploitation of all graphic piece components as object of this contract, except in the case of:
The transfer of intellectual property rights from THE PROVIDER to THE CLIENT shall be made after THE CLIENT has completely paid the debt to THE PROVIDER, and the last presents a payment certificate.
The transfer of intellectual property rights is done in writing through an agreement of cession document; THE CLIENT must intentionally request this cession. THE CLIENT must pay for the legal and bureaucratic costs of the transfer of intellectual property rights.
Unless the opposite is agreed, THE PROVIDER shall keep the intellectual property rights over any work done as a donation, service exchange, collaboration or strategic society.
THE CLIENT is the only responsible for doing the necessary managements to verify the uniqueness of the graphic material with the intention of using it for public and commercial purposes.
In case THE CLIENT has demonstrated the service performed by THE PROVIDER breaks the intellectual property law, THE PROVIDER promises to replant for-free the service, and deliver a new project proposal so THE CLIENT can choose a new design.
THE PROVIDER is not responsible for the origin and legality of the material supplied by THE CLIENT as material to perform the service.
THE PROVIDER is not responsible for any publication done by THE CLIENT with content punishable by the law.
THE CLIENT is responsible for the violation of the service terms and conditions belonging to a third party involved in the commercial relationship between THE PROVIDER and THE CLIENT.
For budgets including third party services, the method of payment is subject to the third party conditions. THE PROVIDER is neither responsible for changes in the service conditions of third parties contracted nor for the payment of such services.
If THE CLIENT wants to work with its own hosting provider, the next conditions apply:
The next methods shall be accepted as payment:
Checks, vouchers and money orders are not accepted.
THE CLIENT is bound to pay:
THE CLIENT shall not retain the indebted payment as a coercive method for THE PROVIDER to accomplish certain demands not established in the conditions hereunder.
THE CLIENT is bound to report every payment done in name of THE CLIENT.
Every payment done via deposit to the bank account of THE PROVIDER shall generate legal obligations in the country where the contract is celebrated, and THE CLIENT shall not demand retentions generated in other legal contexts.
THE PROVIDER is bound to issue a written notice to show evidence of the reception of all payments done by THE CLIENT.
THE CLIENT shall not request a payment schedule different to the one established hereunder after the execution of the agreement.
There are not funding payments for third party providers.
Prices in the budget do not include VAT.
When demanding purchase receipt, THE CLIENT must fill this form http://www.movidagrafica.co/SVF-form-factura.php
Once a receipt is requested and emitted, THE CLIENT shall not request its reemitting due to reasons beyond the control of THE PROVIDER.
If THE CLIENT demands a purchase receipt, one original and two copies shall be emitted; THE CLIENT shall receive one copy.
The receipt shall be sent digitally and shall be accepted by THE CLIENT via written notice. If THE CLIENT does not want to use this modality, THE CLIENT can assign a location to receive the receipt.
THE CLIENT is bound to declare and subscribe in the same receipt proof of having received the service provided by THE PROVIDER who gives the purchase receipt, indicating name, identification or signature of the receiver, and date of delivery.
THE CLIENT irrevocably accepts the receipt, in case of not having observations about information mistakes in the receipt. In case of disconformity, THE CLIENT shall have 10 business days to do the pertinent observations in accordance with Article 772 concerning the Código de Comercio Colombiano (Colombian Commerce Code).
THE PROVIDER has the right to stop providing the service contracted or to withdraw the graphic pieces for preview, if THE CLIENT does not want to receive the receipt emitted by THE PROVIDER.
If THE CLIENT remains 30 consecutive days without supplying information, instructions or necessary payments for the correct effect of this contract, the agreement is considered terminated and THE CLIENT shall not demand a refund of money, or graphic pieces not totally paid.
If THE CLIENT requires a restitution after termination for breach contract, and the delay is not more than 180 consecutive days, THE CLIENT is obliged to pay 15% of the original project amount.
If the delivery time of THE PROVIDER exceeds 15 days or more, THE CLIENT shall be able to demand one of the next options:
If controversies and differences between THE CLIENT and THE PROVIDER appear when signing, executing, interpreting, or terminating the contract, or any other circumstance related to this agreement, they shall be submitted to revision by both parties in order to find a direct arrangement, in a term of five business days from the moment one of the parties notifies by written notice the existence of such difference.
When is not possible to fix the controversy in a direct arrangement, a conciliatory procedure must be held in an authorized place of the city, assigned for such purpose and where the contract signing takes place, previously requested by one or both parties.
If both parties do not reach an agreement to solve their differences by the end of eight (08) business days from the beginning of the conciliatory proceeding, they shall be able to take legal actions at court.
Both parties declare to be under a jurisdictional department in the city where the contract has effect, and whose authorities shall solve their controversies.
If a reimbursement coming from THE PROVIDER is agreed, only THE CLIENT shall be the carrier of such benefit. The reimbursement shall be done through bank transfer. The payment shall be done in four parts in a term of 90 consecutive days. THE PROVIDER is responsible for the amount of each payment.
In case of partial refund, the refund shall suffer some discounts equivalents to the value of:
In case of discounts or promotional packages, If THE CLIENT pulls back the decision to contract any service included, the favorable credit SHALL NOT be for the nominal cost, but for the discount percentage applied to it. For instance, if a service is offered for 1,000; then there is a 15% discount, and THE CLIENT regrets contracting that service, the credit shall be for 1,000 – 15% (150)= 850.
A contract termination or unilateral termination of the contract is a faculty that both parties possess in order to declare the resolution of the agreement, without any judicial sentence, and caused by transgression of the obligations clearly established hereunder. One party to the other must notify the unilateral termination of the contract in writing.
THE PROVIDER is not bound to perform any activity or service, or to deliver any file resulting from the service performed established hereunder.
THE PROVIDER is still owner of all the workpieces done for THE CLIENT, and not totally paid by THE CLIENT.
THE PROVIDER can withdraw of the server all digital pieces done for THE CLIENT, in case of transgression of the terms.
If THE CLIENT wants to retake the project, a new budget must be requested to THE PROVIDER.
The unilateral termination of the contract does not exempt THE CLIENT from paying the debts to THE PROVIDER until termination, and the delivery of contracted pieces.
For such purpose and in accordance with Article 773 of the Código de Comercio Colombiano (Colombian Code of Commerce), THE PROVIDER shall demand to THE CLIENT the payment of the indebted amount for the contracted service, having evidence signed by THE CLIENT after receiving the contracted service in the production, adjustment and delivery phases.
THE PROVIDER promise to notify this kind of situations to THE CLIENT, three (03) business days in advance, in order to give the opportunity to solve the situation.