TERMS AND CONDITIONS OF THE USE OF THE FENIXCRM SOFTWARE AS A SERVICE (SaaS)
Welcome. FENIXCRM is an online Software administration service, specially designed for small and medium-sized companies and/or accountants, according to the modality that you subscribe as a USER, within the conditions of use, scope and limitations described here. For this reason, as USERS you must carefully read this document, understand it and accept it to use the Service, as they are binding conditions and apply from the moment FENIXCRM provides you with access to the Service. By registering to use the software or using the service, THE USER acknowledges that he has read and understood these terms and that he has the authority to act on behalf of the person for whom he is using the software or the service, in a manner that exonerates FENIXCRM, if you have not read these conditions of service and/or do not have sufficient authority to accept these conditions.
The conditions may vary or be modified over time, it is the USER's obligation to ensure that they review and accept the most recent conditions available on the FENIXCRM website (www.Fenixcrm.com) or included in the Software for their knowledge and consultation. .
Unless otherwise stipulated, these conditions will be effective immediately upon publication.
1.- DEFINITIONS
1. "Agreement": Means the conditions contained in this document.
2. “Allied”: Qualified accountant who acquires one or more subscriptions of the service linked to the application, for one or more invited users, on his or her behalf.
3. “FenixCRM Applications”: Means FENIXCRM according to the modality that you subscribe to as a USER. It is also used in the singular, when referring to only one of the applications.
4. “Charge”: Refers to the rate (not including taxes and fees) payable by the USER in accordance with the modality that you subscribe as a USER and the Fee Schedule, to access the service.
5. "Data": Means any information entered by you or your dependents, with your authority in the Software. The expression “Data” is also used.
6. “Intellectual Property Right”: Means any patent, product or service brand, domain name, trade name, copyright (property right or moral right), model or design, know-how and any other right of ownership. intellectual property (industrial property or copyright), legally recognized, regardless of whether it is registered or not.
7. “The Software”: Tool in the, supplied by FENIXCRM, for the service object of this contract. It is synonymous with “Application” or “FenixCRM Application”.
8. "Confidential information": includes all information of accounting, tax, commercial, strategic, technical or legal relevance, exchanged between the parties to this Agreement, whether in writing or electronically or orally (in the latter case, always that is confirmed on a physical medium), not including information that is, or becomes publicly available, other than through unauthorized disclosure by the other party. Confidential information must be announced as such when it is sent by one of the parties to the other.
9. "Service": means the provision by FENIXCRM for subscribers to access the use of the Applications or FenixCRM Applications online, through the website.
10. “PRODUCTS AND SERVICES COLOMBIANOS ASESORES LTDA” or “PROSERCOL ASESORES LTDA”: legally existing and incorporated commercial company, with main domicile in the city of Bogotá, Colombia, with NIT 900.269.400-3; mercantile registration No. 01874720 of the Bogotá Chamber of Commerce, means the company that provides the service, responsible for the software. It is also used in this document as "we".
11. "Website": means the Internet site in the domain www.FenixCRM.com, or any other site operated by FENIXCRM for the provision of the services referred to in this Agreement.
12. "Subscription": Means your express or tacit decision as a USER to acquire or use the services of FENIXCRM. The use that you make as a USER of the FenixCRM applications service implies an act of subscribing to the service.
13. “Subscriber”: Refers to the USER of the software or service. Unless expressly agreed otherwise, billing for the service will be made in the name of the Subscriber.
14. “Rates”: means the information related to the value of the subscriptions, which will be reflected in the billing established according to the modality that you subscribe as a USER.
15. "You": means the Subscriber or USER of the Service. The USER is always fully identified on the sales invoice. “Your” or “your” is also used.
16. “Guest User”: Means any person or entity, other than the Subscriber, that uses the Service with the authorization and under the responsibility of the Subscriber and/or the
application administrator periodically or from time to time.
17. “Users”: means either the USER and guest users. In general, any person who, within these conditions, has access to the applications or the Service.
2.- USE OF FENIXCRM SOFTWARE
PROSERCOL ASESORES LTDA. grants you the right to access and use the Service through the Website with the user features available to you. This right is exclusive, non-transferable, and is limited and subject to the provisions of this document and its modifications. You acknowledge and agree that you are responsible for your use of the Service, and responsible for all Guest Users. As a Subscriber you will decide what
access or level of access (permissions) will have its different users, and you must ensure that all people who use the application know, comply with and accept these terms.
This Agreement between the Subscriber and PROSERCOL ASESORES LTDA describes the terms of use and the scope, conditions and limitations of the services of The Software, provided under the "software as a service" (SaaS) modality according to the type of subscription.
The type of service can be under different modalities, either for the User to carry out their administrative, productive, and/or accounting processes with transactional functions or for the accountants to carry the accounting information of their clients (end users), but without functions transactional, or for other functionalities or modalities currently defined or defined in the future.
If the service is purchased to provide services to others, you must ensure that you are authorized to do so and that all persons for whom services are provided are aware of all the terms of this document, as amended, in order to comply.
By contracting modality (SaaS) THE USER will have access to the service provided by PROSERCOL ASESORES LTDA. under the type of subscription defined by THE USER. THE USER will have access to the service to the extent that the contract is in force and in good standing. You will not have the software installed on your machines. In case THE USER does not continue or does not want to continue with the services, he may download his information to flat files so as not to lose the information.
PROSERCOL ASESORES LTDA, assigns a serial number for each USER, which will define the modality, the number of users and modules acquired, their characteristics and description are detailed on the FenixCRM.com website. THE USER acknowledges having understood the characteristics and functionalities of the contracted application and that this, being generic, satisfies the needs for which the service was subscribed for, since it is acceptably adapted to the needs and processes of their business.
3.- ACCEPTANCE OF TERMS:
In order to use the services of FenixCRM, THE USER must expressly or tacitly accept the terms and conditions of this document that are also found on the website www.FenixCRM.com, so that for the use of the service each time it occurs an update of the Software, THE USER must read, understand and accept the new terms and conditions: it will be understood that THE USER has accepted the terms of this contract if he makes use of the services of any of the applications or functionalities of FenixCRM, with the Bill payment.
In the event of a version update or adjustment, change of software or packaging, or operating system, or platform, addition of modules, functionalities or authorized users, these conditions are likely to change.
4.- FENIXCRM APPLICATIONS:
PROSERCOL ASESORES LTDA provides a series of software services provided in the "SaaS" mode, through different modules, which you will choose at the time of subscribing the service. The description of the specific conditions of one or another type of service according to the type of application selected by the USER can be found on the website www.FenixCRM.com.
5.- OBLIGATIONS OF THE PARTIES:
5.1.- THE USER undertakes to:
a) Deliver adequate and truthful information at the time of subscribing to the services.
b) Have the power to enter into this contract on behalf of the legal or natural person that uses the services of FenixCRM.
c) Not allow the use of the applications or the service to people other than the USER (except in the case of Guest users), or to a USER other than the one who acquires the service, and will not sell, resell, or lease the applications or the services, since they are for the exclusive use of the USER.
d) Keep the information updated, modifying when necessary any change in the status of any of the data provided in the initial registration.
e) Do not deliver information that corresponds to third parties, do not deliver inappropriate information, which affects the provisions on personal data, that violates copyright or third party rights, trademarks or other intellectual property rights, confidentiality agreements, do not use FENIXCRM services in activities that have to do with sexual exploitation, pornography, pimping, sex tourism and other forms of sexual abuse , images or videos with minors, material that advocates violence, armed proselytism or activities of persons or groups outside the law, or that violate honest uses. Otherwise, PROSERCOL ASESORES LTDA may unilaterally decide to permanently terminate the service.
f) Take responsibility for the access code and/or the administration of the codes assigned and keep them confidential and notify FENIXCRM immediately if said access or unauthorized use of the service occurs. You are responsible for all activities that occur under your user account.
g) Pay the price agreed to FENIXCRM for the acquired application, as well as all those charges that arise from the execution of this contract or from
USER requirements. THE USER may not excuse himself from paying the sums at his expense under the pretext of not using the application, since the rates are based on the services acquired for the contracted time and not on their actual use; nor can he excuse himself when he has failed to comply with any of the obligations under his responsibility and/or with the argument of making the payment subject to the progress of the implementation of FENIXCRM, since this depends on the USER himself. The quality reports do not exonerate the USER from the agreed payment, since they are included within the services and the guarantee by FENIXCRM.
h) Make sure you have read, understood and accepted the most recent terms available on the website or when accessing the service. By registering to use the software or service, THE USER acknowledges that they have read and understood these terms and that they have the authority to act on behalf of any person for whom they are using the software or service. In the event that the USER does not accept or expressly rejects them, he will not be obliged to contract the new validity of the service, but FENIXCRM will not be obliged to provide the contracted services, nor to provide any service, and the guarantee will only remain in force until expiration of the last renewed period.
i) Have virus protection and detection mechanisms, and unwanted information, since FenixCRM will not be liable for damages derived from one or the other.
j) THE USER must have the required computing devices and their respective Internet connection (according to the minimum technical requirements recommended by PROSERCOL ASERORES LTDA., on the website www.FenixCRM.com, although these technical requirements may be modified at any time by technological changes, version updates, new functionalities, etc. THE USER is responsible for the acquisition and maintenance of said equipment and for ensuring adequate internet connectivity to achieve a correct functioning of the service.
k) Do not infringe the intellectual property rights of FENIXCRM on the brands, names and applications. In this order of ideas, you may not, by way of example, but not limitation:
• (i) attempt to undermine the security or integrity of FenixCRM's computer systems or networks or, where the Services are hosted by a third party, third party's computer systems and networks;
• (ii) use the Services in a manner that could affect the functionality of the Services or the Website or other systems used to provide the Services, or affect the ability of any other user to use the Services or the Website;
• (iii) attempt to gain unauthorized access to any material other than that which you have been given express permission to access or to the computer system on which the Services are hosted.
• (iv) transmitting or uploading to the Website files that may damage another person's computing devices or software, content or material or Data in violation of any law (including data or other material protected by habeas
data, copyrights or trade secrets) that you do not have the right to use); either
• (v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer The Software or computer programs used to provide the Services or operate the Website, except as strictly necessary to use any of them for the normal functioning.
l) Have contingency plans that allow it to deal with any inconvenience that may arise with the information, regardless of whether or not the inconvenience is the responsibility of PROSERCOL ASESORES LTDA.
m) The others that arise from the above or that are consigned in this document or in any addendum or modification to it.
5.2.- FENIXCRM, for its part, undertakes to:
a) Enable the contracted service, to operate under the Software as a Service (SaaS) modality, according to the type of Service and with access to the limited number of users expressly billed and canceled by the USER at the time of subscribing to the service.
b) Assign a generic access code for the service, which THE USER must modify and manage, as well as the access levels to its officials, in a secure way for the services.
c) Provide training and follow-up services in person and, given a Virtual case, on the use of FenixCRM.
d) Maintain USER access to the guides or videos on the use of the Software through the customer portal on the FenixCRM website.
e) Provide warranty on the Software in the terms and conditions expressed in this document.
f) Permanently monitor the network, communication systems and elements and the work of FENIXCRM applications, for service purposes, to measure its usability and/or for statistical purposes or for internal purposes.
g) Receive experiences with FenixCRM, comments, suggestions or ideas about the software and about the service or improvements of one and the other that users send, although FenixCRM is not obliged to accept or include them in the Software or in the Service. However, FenixCRM reserves the right to freely use, in any way, including in future modifications of the products or services, advertising or marketing materials, the experiences of the users with The Software or The Service, the comments, suggestions and ideas that THE USER provides in development or on the occasion of the use of the Software or application or functionality object of the service, without
recognize any right, compensation or property to the USER who sends them over one and the other. If THE USER sends such comments, suggestions or ideas to FenixCRM, it is understood that this grants permission to FenixCRM to use them, as well as information about their experience with FenixCRM to help us provide and improve the services referred to in this document.
h) Provide active and secure users with support, maintenance and warranty services in person and, if applicable, virtual, on the Software and on the Service.
5.3.- TERMINATION OF THE CONTRACT. The following are grounds for termination of the contract: (a) Either party will have the option to terminate the service without generating any type of compensation, giving thirty (30) days notice of termination. In which case, if the User withdraws from the contract and in the case of a SAAS type application (Pay per consumption), he must be up to date with payments until the last day of use. (b) The impossibility of execution due to force majeure or fortuitous event that prevent the provision of future compliance by either party, a circumstance that must be immediately communicated in writing to the other. (c) The dissolution of the legal entity of the user, its liquidator or mandatory liquidation, or judicial seizure of its assets when, in the opinion of THE LICENSOR, they seriously affect the development of the contract. d) Failure to comply with any of the obligations of the contract.
6.- EXCLUSIONS OR LIMITATIONS
In addition to all those other circumstances that are defined in the text of this document, its addenda and modifications, FENIXCRM excludes the following from the service or its responsibilities:
a) FENIXCRM provides face-to-face services in the city of Bogotá, it does not provide face-to-face services for other cities unless they contract face-to-face technical support quoted according to the case. The services that are provided virtual or remote, through the different communication channels provided to THE USERS and the internet connection that THE USER has.
b) FENIXCRM does not provide support or advice on networks, operating systems, internet, hardware and/or software other than PROSERCOL ASESORES LTDA applications. unless such service is contracted.
c) FENIXCRM does not provide accounting, financial, administrative, legal, labor, tax, or other professional services or advice unless they are contracted. These services must be acquired through a competent professional, under the full and exclusive responsibility of THE USER, since THE USER is solely responsible for complying with all accounting, tax and other laws applicable to their business or corporate purpose. . It will also be the responsibility of THE USER to verify the reports and processes run through the software or the service, to validate and safeguard the information, periodically, through media reviews, information crosschecks and/or audits. FENIXCRM does not accept or authorize the recommendations made by its employees and/or officers contrary to this clause.
d) PROSERCOL ASESORES LTDA reserves the right not to renew the services upon expiration of theperiod contracted, or modify or disable some functionalities or services at any time, change or discontinue products or services, in whole or in part, without there being any payment of compensation or consideration. If, due to the modification introduced, THE USER desists from continuing to use the service, he may express this to FenixCRM.
e) In no case will FenixCRM provide or enable the service for the USER who is in arrears with the payment of the invoice or, in general, the payment of the service. Consequently, THE USER accepts this condition, and exonerates FenixCRM in case of inconveniences or damages for this reason.
f) The obligations that FenixCRM acquires with THE USER will always be of means and not of result. FenixCRM does not accept a condition different from this, nor any promise from any of its officials that guarantees the USER a specific result through the service referred to in this document.
PROSERCOL ASESORES LTDA provides a suitable and quality service, the responsibility with the entry, administration, interpretation or use of the information belongs to the USER, as well as the administration of user passwords, operating systems, the network, the applications or the ( the) software developed by third parties that may or may not interact with FenixCRM, the databases, the hardware, the internet connection and, in general, the USER's equipment or software. THE USER has tools and functionalities in The Software that must be used or managed under their own criteria, without holding FenixCRM responsible for the use, non-use, or abuse that their own users give to them or to the information stored in The Software. In some cases, users must run parallel, verification or complementary processes in tools other than the Software to validate or incorporate the result into it.
g) PROSERCOL ASESORES LTDA reserves the right to cancel the service at any time to those users who, in its opinion, are carrying out dangerous, illegal or inappropriate operations, in contraindication to the provisions of this document, its addenda or modifications, and who put or may jeopardize the operation of the platform or the information of other users of the system, and/or third parties.
h) PROSERCOL ASESORES LTDA also reserves the right to cancel the service at any time to those users who are listed on the Clinton list, OFAC or UIAF sanctions lists or who do not respect the provisions of the SARLAFT or similar, or in reports to credit bureaus, or affected by any criminal, administrative or tax sanction, when in the opinion of FenixCRM any of these reports or situations may affect it directly or indirectly.
7.- RATES AND CHARGES:
DURATION AND PRICE
This Use License has a duration of 12 months and can be used from 1 user. It will begin at the time of signing the contract, and may be terminated at any time in accordance with this Contract.
If in the future, if it is required to add administrative users or external users, a table of values is added that will also increase costs annually according to the CPI of the immediately preceding year:
Additional user package
1 to 5 $75,000.00
6 to 10 $150,000.00
11 to 15 $225,000.00
16 to 20 $300,000.00
21 to 25 $375,000.00
26 to 30 $450,000.00
31 to 35 $525,000.00
36 to 40 $600,000.00
41 to 45 $675,000.00
46 to 50 $750,000.00
51 to 55 $825,000.00
56 to 60 $900,000.00
61 to 65 $975,000.00
65 to 70 $ 1,050,000.00
71 to 75 $1,125,000.00
76 to 80 $ 1,200,000.00
81 to 85 $1,275,000.00
86 to 90 $1,350,000.00
91 to 95 $1,425,000.00
95 to 100 $1,500,000.00
The USER undertakes to pay PROSERCOL ASESORES LTDA a single annual payment or two (2) semi-annual or month-to-month payments for the rights to use the License, in accordance with the plans and modalities acquired.
As it is a cloud hosting service, it is excluded from VAT and will be updated automatically if in the future any tax reform provides it differently.
The services offered by PROSERCOL ASESORES LTDA are provided in different plans or modalities. Subscriptions can be charged to your credit card, canceled online or paid through the electronic means enabled by PROSERCOL ASESORES LTDA for this purpose, according to the plan, the number of users requested and the selected period.
The total agreed price, the factors of the same and the form of payment are those that are determined in the sales invoice that PROSERCOL ASESORES LTDA will issue and send to the USER, which is understood to be accepted if it is not returned or objected to by THE USER within 2 (two) calendar days following its receipt and, in any case, it is understood to be accepted if the payment or any credit is received on it. The invoice will reflect the services subscribed by THE USER and enabled by FenixCRM, so that, as there is aerror between the subscribed and enabled services and the invoice, the first will prevail and the invoice must be adjusted.
In the event that the parties agree that THE USER cancels the value of the service through a "recurring payment / month-to-month" system, billing will be done in advance annuities and/or with the frequency and amount according to the agreed modality. THE USER may cancel at any time the authorization to his financial entity by contacting the administrative area of PROSERCOL ASESORES LTDA, THE USER may also use a different means of payment prior agreement with PROSERCOL ASESORES LTDA In any case that THE USER does not make the payment within of the agreed opportunity or fails to comply with any obligation under these specifications, or current legal provisions, PROSERCOL ASESORES LTDA will suspend the service and THE USER will not be able to access the software, until the USER is updated again.
The rates are based on the services acquired for the contracted time and not on actual use, so that unless expressly agreed otherwise, PROSERCOL ASESORES LTDA. will not provide any refund for the period that THE USER has not used the service or for the remaining period for a prepaid subscription, in case THE USER does not wish to continue using the services. In any case, the payment obligations for the contracted period are not unilaterally revocable by the user and the fees paid are not refundable.
After the initial purchase of the FenixCRM software in the SaaS (Software as a Service) modality, FenixCRM will continue to bill the subscription according to the frequency chosen by The User, according to the current rates until this service is terminated in accordance with this document. The subscription to the service will have an annual increase according to the CPI announced by the National government. All FenixCRM invoices will be sent to you, or to a billing contact whose details you provide. Payment of all amounts specified in an invoice must be made as invoiced. Payments will be made through Bank Transfer Davivienda Bank Savings Account No. 480900029103 in the name of Productos y Servicios Colombianos Asesores Ltda. Acronym Prosercol Asesores Ltda. Nit 900269400-3.
Virtual wallet accounts NEQUI 3124163611 DAVIPLATA 3124163611.
In case of default, THE USER will recognize and pay FENIXCRM the maximum default interest allowed in accordance with article 884 of the Commercial Code and other legal provisions, on the sums owed according to the terms stipulated in the invoice, FENIXCRM may give the term obligation expired and demand payment of the entire obligation, in the event that the delay occurs in one or more installments. In any case, the delay implies the suspension of all services.
Within the agreed rate of HOSTING with the USER, the use of a reasonable storage space for the operations and accounting and administrative information of the same is included, which is priced at 10 Gigabyte; however, to the extent that the information stored by the user exceeds this limit, PROSERCOL ASESORES LTDA will proceed to make an additional charge for the excess space used. It is the USER's responsibility to follow the recommendations for the use of space that FENIXCRM makes through its website www.FenixCRM.com or communications made to the USER for this purpose.
It is possible that from time to time PROSERCOL ASESORES LTDA offers preferential prices or discounts for products or services, as a result of promotional plans, introductory prices, seasonal prices or offers, massive offers, spontaneous offers, etc. The eligibility of said preferential prices or discounts is conditioned to the terms of each promotion, and unless otherwise provided, they will not be valid for more than thirty (30) calendar days from their publication. FENIXCRM reserves the right to suspend or terminate the promotion or discount in the event that the invoices for these charges are not paid in full in accordance with the agreed terms and conditions.
In the event that PROSERCOL ASESORES LTDA defines a non-billable service, for example depending on the type of service contracted and the number of clients who have the service, etc., these commercial conditions will be understood as temporary and do not bind PROSERCOL ASESORES LTDA indefinitely since may change or be suspended at any time, in which case PROSERCOL ASESORES LTDA will notify the USER of the new conditions that are defined, directly or through the portal (www.FenixCRM.com) and they will take effect on the date that is notify in communication. In the case of any service without any economic consideration, PROSERCOL ASESORES LTDA reserves the right to eliminate THE USER from the BASEOF DATA if you observe that after three (3) months, THE USER is not using the service or the platform. In this case, the information entered by THE USER can also be eliminated by PROSERCOL ASESORES LTDA.
PROSERCOL ASESORES LTDA also reserves the right to change the rates, plans and payment periods published at any time, but these changes will not be valid retroactively.
8.- ACTIVATION, RENEWAL, SUSPENSION AND CANCELLATION OF THE SERVICE:
The services, even in the event that the form of payment is agreed by monthly recurring payment method, will be valid for one year from the activation of the PROSERCOL ASESORES LTDA application acquired by the USER. Upon expiration of the agreed term, the contract will be renewed automatically, unless expressly stated in writing by one of the parties one month prior to the expiration of the contract or any of its extensions. The renewal of the contract will be for a successive period equal to one year (1), with an increase for THE USER according to the packaging, or additional functionalities and number of enabled users that the USER has at this time; In general, the increase will be the CPI of the immediately previous year. The renewal of this contract will be billed in 12 installments. The validity of the contract does not run in the event that the USER does not use the service, nor due to change of invoice or suspension of service due to late payment by the USER.
Once the successful payment of the subscribed services is verified, PROSERCOL ASESORES LTDA will enable the services purchased. If PROSERCOL ASESORES LTDA does not receive full payment or cannot confirm the success of a transaction, for a new purchase, an addition or modification, or a new renewal period, THE USER will not have access to the contracted services. That is, in the event that the services are not paid or renewed, the access accounts will be disabled. In these cases, PROSERCOL ASESORES LTDA is not obliged to keep the information registered by users indefinitely, reserving the right to eliminate from the system the resources provided by the user and any information stored therein, without any responsibility of PROSERCOL ASESORES LTDA.
PROSERCOL ASESORES LTDA reserves the right not to renew the services at the expiration of the contracted period, or to modify or disable some features or services at any time, change or discontinue products, features or services, in whole or in part, without to payment of compensation or any consideration. If, due to the modification introduced, THE USER desists from continuing to use the service, he may express this to PROSERCOL ASESORES LTDA. In the event of non-renewal and/or the USER wishes to definitively cancel a service and wants a copy of the stored information, you will have up to thirty (30) days to request PROSERCOL ASESORES LTDA to provisionally enable (up to three days) access only to export your information to flat files, without responsibility or intervention of PROSERCOL ASESORES LTDA.
Failure to renew this contract releases PROSERCOL ASESORES LTDA. of any obligation to provide the services of the application, as well as the guarantee on the software, and makes the USER responsible for the information entered into the application.
9.- USE OF THE SERVICE AND TRADEMARKS:
By contracting the service you acquire the right to use it for yourself or for your organization, as the case may be. The use of logos, names and trademarks of PROSERCOL ASESORES LTDA or of third parties, involved in the service or links to the portals of PROSERCOL ASESORES LTDA, is totally restricted. Neither you nor any third party may use them without the prior express written authorization of the legitimate owner thereof.
PROSERCOL ASESORES LTDA can send information to users about its own products or services and/or those of third parties, even through the software or the service. You may also offer products and services on behalf of third parties and/or provide access or links to your own or third party websites. If you decide to use third party products or services or access third party sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. PROSERCOL ASESORES LTDA does not endorse third party products or services.
10.- TRIAL VERSIONS AND GIFTS
As a general rule, PROSERCOL ASESORES LTDA services are not delivered as a trial or without any economic consideration. However, if PROSERCOL ASESORES LTDA allows a user to subscribe to a Service on a trial basis or without financial consideration, this condition will be for a single time, for the time expressly agreed upon and in default of agreement, for a period notgreater than thirty (30) calendar days, at the end of which, if THE USER continues to use the Service, it will be billed and the other conditions of this document will apply. In this case, the trial or free versions are never designed to be mission-critical services and support your organization's business processes. Both the services defined as tests or "trials" and those free of charge do not have any type of support service level; however, you may escalate incidents through email, chat or the virtual medium defined by PROSERCOL ASESORES LTDA, as described in the quote or on the PROSERCOL ASESORES LTDA support page to obtain a response according to availability.
PROSERCOL ASESORES LTDA reserves the right to discontinue without prior notice any of the free or trial services in the system or to change their conditions, or to demand financial consideration at any time. Any data entered into the software and any customization made to the services by or for THE USER, during the trial or free period, will be permanently lost, unless you acquire (at the latest within the trial period and in accordance with the apart from activation, renewal, suspension and cancellation of the service) a subscription to the same services as those contemplated by the trial or free. In any case, once the trial or free period expires or the number of companies operated or the previous conditions have been exceeded, if you, as a user, decide to continue using the software, these conditions of use, rates and the corresponding payment will apply.
On some occasions PROSERCOL ASESORES LTDA gives away some of its products in an unlimited way without this being a free trial. In the event that PROSERCOL ASESORES LTDA. decides to start charging for the products that were once given away, PROSERCOL ASESORES LTDA. will give notice to the User in due time about said change and will give an extended term before suspending the use of the software. If the user decides not to continue with the service for this reason, the User has 30 days to download their information in order to be able to migrate it to another platform or to be able to keep it. PROSERCOL
ADVISORS LTDA. is not responsible for the information that the User has stored after the 30 days stipulated in this agreement.
11.- WARRANTY:
With the understanding that no service, software or computer application is infallible, nor is it 100% free of defects, PROSERCOL ASESORES LTDA. grants a performance guarantee on the service and on the Software, which entitles the USER to correct errors and inconveniences that arise in relation to the service and the application contracted by the USER.
Defects shall mean all service errors and possible reproducible failures that occur in the application and all substantial failures of the same to function in the manner described in the corresponding documentation and that do not have to do with circumstances external to the software or the user handling. In these cases, the USER will immediately notify PROSERCOL ASESORES LTDA of the existence of an error, together with all the diagnostic information, operating environment and other relevant information related to the error, in order to allow FENIXCRM to identify, isolate and reproduce the error. for your correction.
Within the guarantee PROSERCOL ASESORES LTDA undertakes to:
a) Carry out adequate and timely repairs in case of failures of the application that the user has contracted for THE USER.
b) Process and respond diligently to the complaints, requests, claims and resources presented by the user.
c) In general, carry out the appropriate activities for the successful development of this document, from its sphere of competence.
11. 1 WARRANTY CONDITIONS. - For the effectiveness of the guarantee, the USER must comply with the following conditions:
(a) Do not alter or enter the application object of the contracted service, by means other than those of the system or those carried out directly by PROSERCOL ASESORES LTDA, nor damage or alter its data files.
(b) Keep the computer equipment (hardware) in good working order to access the application and have a good performance (performance) of the equipment, systems, internet, etc., for the correct connectivity and/or to avoid damages of the data files entered into the application.
(c) Allow the personnel of PROSERCOL ASESORES LTDA to carry out the activities of the monitoring, maintenance or guarantee services, even if necessary by temporarily suspending the Service.
(d) Keep the service valid and in good standing.
(e) Maintain a broadband internet connection that allows good connectivity with the app.captive
(f) Do not violate the copyright of the acquired application or the operating systems necessary for its use.
(g) Not breaching the other conditions of the Service defined here, or their modifications, insofar as they affect or may affect the Service, as well as any other event foreseen as an exclusion of the Software or Service guarantee.
In case of total or partial breach of the provisions of this section, PROSERCOL ASESORES LTDA. You can terminate the warranty and you will not be obligated to provide any service.
PROSERCOL ASESORES LTDA guarantees only the suitability and quality of the Software and the Service, since they are not the object of its responsibility, nor are the parameterization, management, administration, interpretation, use of information, nor the administration of user passwords, nor the operating systems, nor the network, nor the applications or software developed by third parties that may or may not interact with FenixCRM, nor the databases, nor the hardware, the internet provider, nor in general the equipment or software of the USER, since all of them are the sole responsibility of the USER. THE USER has tools and functionalities that must be used or managed under their own criteria, without holding FENIXCRM responsible for the use, non-use, or abuse that their own users give them.
The FENIXCRM applications and the service provided are generic and standardized, to the extent that they apply to a universality of needs, so that FENIXCRM PROSERCOL ASESORES LTDA is not obliged to make special developments EXCEPT they are contracted or changes in the service scheme that provides users, therefore, the additional functionalities that the contracted application does not contain, even being in the current Law or in legislative changes, although they can be considered for future developments, they will not be considered a defect of The Software, and are understood to be excluded. of the guarantee. In some cases, the USER must run processes in tools other than the Software or validate the information through crosschecks and/or audits to incorporate and/or validate the result in it.
The parameters that the applications bring by default and the additional tools that are included in the applications such as formats or help, may or may not be used by THE USER, but they are not guaranteed and do not exempt the USER from defining their own formats or validation of results, or to assume an additional cost for them, at the same time that they do not oblige FENIXCRM PROSERCOL ASESORES LTDA to maintain them, so that they can be removed from the software at any time, without prior notice.
11.2.- In development of the guarantee on the service PROSERCOL ASESORES LTDA declares that:
(i) We will not modify your data.
(ii) We will have access to basic statistics on the use of the application service, as well as the count of system variables and all the pertinent information to obtain usability and storage information.
(iii) In the applications you will be able to find information about the software and our products or services, in addition, in the notifications sent via email through PROSERCOL ASESORES LTDA to THE USER, or through them to their clients. By using the functionalities such as online billing, account statements, payroll vouchers, quotes or any other functionality or tool of PROSERCOL ASESORES LTDA where there is a communication process with the system, you can receive information about the software and our products or services. THE USER is responsible for the administration and transmission of personal data to whoever replicates this information or any information or data included in the application or received through this service.
(iv) PROSERCOL ASESORES LTDA does not guarantee that the Services will meet your expectations or that they will be suitable for a particular purpose of the user. For the avoidance of doubt, all conditions or implicit guarantees are excluded to the extent permitted by law, including (without limitation) guarantees of economic, commercial, financial or tax results, guarantees for losses that may be attributed to the service (including loss of information, data, profits and savings) or damages resulting, directly or indirectly, from any use of or reliance on the Service or website.
(v) If you are dissatisfied with the Service, your sole and exclusive remedy is to terminate these terms in accordance with Clause 8.
12.- LIMITS OF LIABILITY:
You agree that PROSERCOL ASESORES LTDA is not responsible for direct or indirect damages (including loss of profits or business opportunities), errors or other harmful agents that may affect the service, losses or interruption of operations presented in your company or in your system. personal injury that may be caused by the use, abuse, or inability to useany of the contracted services, even if PROSERCOL ASESORES LTDA had been notified of the possibility of said damages or losses.
In case of any dispute related to the Services acquired, the maximum value that PROSERCOL ASESORES LTDA will recognize to you, may not exceed the value effectively paid by you in the last year for the same services. PROSERCOL ASESORES LTDA offers service levels designed to meet the expectations of an ideal service and has designed all its operations with technology, following the processes and employing the appropriate personnel for its correct operation. However, PROSERCOL ASESORES LTDA does not guarantee that service interruptions may not occur at any time, that the system will be totally free of viruses or possible security attacks, nor due to failures.
in telecommunications, internet, electronic communications, file corruption, data loss or theft, viruses, spyware; among other damages, because the operation and availability of the systems used to access the software or the service may be unpredictable and may occasionally interfere or prevent access to the products or services, nor does it guarantee that the application or the service is one hundred percent percent free of errors, which requires users to have contingency plans in the event of any interruption or affectation of the service, or any severe event that may affect or endanger the continuity of the service, and must have software protection programs and equipment, such as antivirus, vaccines, firewalls, etc., which also prevent risks of intrusion and malicious code.
Also, it is the responsibility of the USER to validate the information and the result of the operations and reports, through the verification of supports, periodic audits and/or information crossings that minimize any error of the system and/or of the USER.
The service will be offered in accordance with the possibilities offered by the applications, as the case may be, generic applications that the USER declares to know and accept in its entirety.
13.- AVAILABILITY:
PROSERCOL ASESORES LTDA and its associates provide their services using high-quality technologies and procedures that allow them to deliver world-class standards. As part of the agreement of the subscribed and paid services, you will receive an availability of 99.0%, understanding this availability as the time that the service will be enabled for general use by users.
Excluded from the calculation of availability and any type of guarantee are the times in which the system is offline due to:
(i) Suspensions due to force majeure or those that have been planned and informed in advance;
(ii) Factors beyond the control of PROSERCOL ASESORES LTDA or its associates;
(iii) Failures in your hardware, software, internet service, equipment or communications channel;
(iv) Actions of your employees or third parties with your access account and password, which generate some unavailability of the service.
(v) Actions of hackers, malware, viruses, cookies, defective viruses, etc.;
(vi) A misconfiguration on your part of the service by not following the instructions provided by PROSERCOL ASESORES LTDA;
(vii) Planned interruptions (which we will notify as far as possible at least 8 hours in advance through the services purchased), to carry out maintenance, update and/or support tasks for the applications or services, as far as possible in night hours or low traffic or non-business days;
(viii) The Services may be subject to other limitations, such as limits on purchased storage space, monthly document or transaction volumes, system crashes by our infrastructure or hosting providers, and other cases not expressly noted here. . In these cases, if you require, you can acquire a larger space than the one originally purchased, assuming an additional cost, according to the rates.
ADDITIONAL SPACE UNIT VALUE
10GB $10,000.00
20GB $20,000.00
30GB $30,000.00
40GB $40,000.00
50GB $50,000.00
If for any reason PROSERCOL ASESORES LTDA has to interrupt services for longer periods than would normally be expected, PROSERCOL ASESORES LTDA will make every reasonable effort to publish in advance or immediately the cause that forces us to suspend is presented, with the details of such activity on the website.
Through our hosting providers we will maintain adequate administrative, physical and technical defenses to protect the security, confidentiality and integrity of your data. However, this does not relieve the USER of having their own security systems or devices.
14.- MAINTENANCE AND SUPPORT:
PROSERCOL ADVISORS LTDA will provide maintenance on the applications and support on these and on the services acquired, in force for the contracted period, at no additional cost. In case of being acquired by the user, it will provide hours of virtual support in which the user decides the training and implementation plan to follow in the start-up of the acquired applications, charged to the user according to the current rates. Third parties authorized to offer functional support may provide said services to clients independently, but at no time may they make updates or interventions in the applications, PROSERCOL ASESORES LTDA does not assume any responsibility for them or for the legality of the applications they use. .
All the services offered by PROSERCOL ASESORES LTDA are provided within the call center hours (Monday to Saturday from 7:00 a.m. to 5:00 p.m.), virtually or remotely and will have a response time of approximately 2 hours in If there is congestion of users in waiting time, otherwise it is immediate. https://prosercol.fenix-crm.com/public/ticket/index.php
Users will also have access to the customer portal, through the FenixCRM website (www.CLUB.FenixCRM.com), through which they can access online training, frequently asked questions, video tutorials, etc.
Both the service hours and the functionalities of the client portal may be modified at any time, without prior notice, but PROSERCOL ASESORES
LTDA will do its best so that users have access to the information of these modifications.
15.- UPDATES:
PROSERCOL ASESORES LTDA is not obliged to update or improve the applications, so that the service will be provided within the scope and limitations currently offered. The suggestions you make will be taken into account, but do not oblige PROSERCOL ASESORES LTDA to adopt them. The changes in law, as soon as they apply to the generality of USERS, may be incorporated into the applications, but within the terms defined by PROSERCOL ASESORES LTDA according to its generic software development plans.
In any update of the Software or the Service, FenixCRM may introduce tools, utilities, improvements, third-party applications or general updates to improve or standardize them.
16- ASSIGNMENT:
The subscription of the services is made in consideration of the very nature of the USER, therefore, they may not be assigned, sold or transferred in any way, without the prior express written authorization of PROSERCOL ASESORES LTDA, which, however, does not obligated. The Application, being a software and therefore an asset protected by the Copyright Law, is for the exclusive use of the USER and its alienation, transfer, loan or assignment in any way in favor of a third party will not be lawful.
FENIXCRM has no obligation to any person other than THE USER and nothing in this document confers, or is intended to confer, a benefit to any person other than THE USER. If THE USER or a third party, with their authorization, uses the software or services, THE USER is solely responsible for the access provided and their access to the information or data linked to the Software or the service, as well as the possible infringement of this contract and the consequences thereof.
17.- CONFIDENTIALITY
Each party will maintain the confidentiality of all Information of the other obtained in connection with these terms. Neither party shall, without the prior written consent of the other party, disclose or make available to any person Confidential Information, or use it for its own benefit, except as provided in these Terms.
The information that you provide to PROSERCOL ASESORES LTDA at the time of subscription and that which is entered into the applications will be stored in the system and will be treated as confidential information. However, you are responsible for maintaining the privacy of your user account, including
password and access codes, and to provide information security mechanisms in their own equipment or devices.
The obligations of each party under this clause will survive the termination of the purchased services and for up to one (1) more year.
18.- NOTIFICATIONS:
For all purposes related to this document and/or the service, for notifications and/or communications, the parties agree to indicate as the address the one that appears in the certificate of existence and legal representation of the main office, and in the absence of this by THE USER the billing address, unless a change of address or different email is reported by THE USER. For all legal purposes, the contractual domicile will be the city of Bogotá, D.C.,
19.- INTEGRATION:
An integral part of this contract is the order form sent by PROSERCOL ASESORES LTDA and expressly or tacitly accepted by the USER, together with all its annexes.
20.- PERSONAL DATA: THE USER is the sole owner of the data entered or generated in the authorized applications. This gives the user full responsibility for managing, publishing, deleting or maintaining said information according to their own criteria and policies and at no time does PROSERCOL ASESORES LTDA become responsible for said information beyond what is stipulated in this document or prescribes the law. Without the responsibility of PROSERCOL ASESORES LTDA, the users of the FENIXCRM application must have the necessary permissions and/or authorizations to register, store, transmit and/or process the personal information of third parties that is entered in the applications and to provide FENIXCRM with the names and data contact information and other relevant information. With the acceptance of this contract, THE USER agrees to provide FENIXCRM with the ability to access, copy, store and/or process their personal data and those provided as a contact, solely for informational and statistical purposes, mainly to improve usability and service. , of system administration and/or referred to the services acquired by THE USER, and to be able to guarantee the continuity of the service. FENIXCRM will give confidentiality to the personal data provided by THE USER and will not deliver them to third parties for commercial purposes. This authorization includes the possibility of exporting this information even abroad, in case the hosting used is not located in Colombia. THE USER or the owner of the personal data may at any time make an express statement to FENIXCRM, to revoke this authorization, or to know, update and rectify their personal data. The personal data processing policies are published on the FenixCRM website (www.FenixCRM.com/politicas-de-uso/). THE USER expressly authorizes FENIXCRM to permanently consult and/or report to an authorized database, the management given by the former to its commercial obligations derived from this contract, as well as to consult the
user information that is relevant to this contract or its extensions.
21.- UNIT:
This is the only valid and mutually agreed contract between the parties and supersedes any prior agreement, express or implied, verbal or written. However, in case of addition of users, modules, conversions, and renewals, it will not be necessary to grant a new contract or OTHERS. The corresponding invoice will suffice, which will be subject to the terms of this contract, unless the term for which it was agreed has expired, in which case the conditions contained in the contract published on the FENIXCRM website (www. .FenixCRM.com).
FenixCRM states that this same text is included in the order form, presented to the USER and approved by him, as well as in the application at the time of enabling the service, taking into account that, as has already been said, for the use of the Software and access to the service THE USER must accept the terms and conditions of this document; which is why you should review these terms carefully before accepting them. It will be understood that THE USER has accepted the terms of this contract if he makes use of the services of FenixCRM. In case of not accepting the terms and conditions of the service, THE USER must not use the applications or the services. If you enter into this contract on behalf of a natural or legal person other than the one who gives the acceptance, FENIXCRM will understand in good faith that the person who gives the acceptance has the power to bind said person or entity, and that these terms and conditions are accepted without reservation. . If you do not have such authority or if you do not agree to these terms and conditions, you must not accept this agreement and must not use the services of FenixCRM. Proceed in the same way if the person who gave the acceptance is not empowered. Users who have access to the applications or the service must also previously accept these conditions, their addenda and modifications, in order to have access to the applications or the service. In either case, the lack of notice implies the binding of the parties in relation to these conditions.
22.- ELECTRONIC BILLING
In the case of electronic invoicing, FENIXCRM offers the allies or subscribers of the FENIXCRM applications or services, the electronic invoicing module, which will be implemented through its software updates, and, with a certain number of electronic documents such as electronic invoices, electronic credit notes and electronic debit notes included in the cost itselfor the periodic subscription paid by THE USER. The subscription charge paid by THE USER for FENIXCRM gives the user access to the number of electronic documents indicated in the commercial offer until they are exhausted, and must then state the change of commercial plan to the next level that will allow access to a greater number of electronic documents. In both cases (partners or subscribers) the user is solely responsible for the use of the electronic documents acquired, but must keep the subscription to the FENIXCRM application current and in good standing to have access to the
module and the electronic invoicing services provided by FENIXCRM and to be able to issue electronic documents through the FENIXCRM application. FENIXCRM reserves the right to modify the conditions of use under this modality, rates and other requirements, but in this case, these do not operate retroactively, that is, they will be valid from the next billing that must be done for this service.
Current rates for the year 2022 Electronic Billing:
Processing of the Digital Signature recurring annual payment $ 250,000.00
PLAN DESCRIPTION MONTHLY DOCUMENTS MONTHLY VALUE
LIGHT For small companies. 50 $50,000.00
BASIC For medium-sized companies. 100 $70,000.00
STANDARD For large companies 200 $ 90,000.00
PRO For large companies. 500 $130,000.00
PLUS For large companies 1000 $ 180,000.00
PREMIUM For large companies 2000 $ 280,000.00
GOLD For large companies 3000 $ 320,000.00
The USER is suggested to choose PROSERCOL ASESORES LTDA Software FenixCrm to be the direct dispatcher under the modality of own development of the electronic invoice. In the event that FENIXCRM is not the technological dispatcher of electronic documents chosen by the USER, the responsibility of FENIXCRM is limited to the generation and issuance of the document through the licensed Software, but the implementation of the other system, the contracting with the other provider technology, the cost of each of the documents generated and the services and guarantees that said process demands will be the sole responsibility of the USER with their chosen technology provider. PARAGRAPH: the USER is solely responsible for the review, approval and generation of the electronic document, and its accounting, fiscal, legal and tax effects, as well as the necessary contingency plans, among others, until the issuance of a provisional physical invoice of be necessary, to later upload them to the electronic platform, in any event of scheduled interruption or that is not associated with the software. The USER undertakes to inform PROSERCOL ASESORES LTDA in any case of any type of error, modification of information, and in general, of any situation from which any effect may arise for PROSERCOL ASESORES LTDA, for the USER or for third parties. The USER undertakes to parameterize and activate the Contingency Billing in the cases that are required due to the non-availability of the service of the Technology Provider and/or associated services of the DIAN.
This document is issued on the ninth (09) day of the month of August of the year two thousand twenty-two (2022)