Terms and Conditions
1TERMS AND CONDITIONS
These are the terms and conditions under which -Advertising Agency: Ante Rubio, Digital Strategies - provides all sales services ("service" or "services"). These Terms of Service act as a completely binding agreement between Advertising Agency: Ante Rubio, Digital Strategies- (consequently "-Advertising Agency: Ante Rubio, Digital Strategies-") and each of its customers (consequently "Customer").
1.IDENTIFICATION OF THE DATACONTROLLER:
Personal data that may eventually be collected, shared, used or in general processed by whatsapp will comply with the principles for data protection, the internal regulations of the work, the legislation in force and strictly with this policy and the corresponding internal manual.
2. General conditions
The contracted service is provided from Monday to Friday, from nine in the morning (9:00 AM) to six in the afternoon (6:00 PM). Any activity carried out outside these hours will have a surcharge of USD 50 - INTERNATIONAL CUSTOMER or its equivalent in the local currency of the signing of the contract, for each day.
THE CUSTOMER has the right to request a maximum of three (3) meetings in the project, where the first one would be considered to receive the inputs, the second to present the work carried out and the third for the customization phase of the project, which can be done in person, by telephone or by videoconference.
Outside these limits, THE PROVIDER reserves the right not to accept the conduct of telephone, face-to-face or videoconferencing meetings without this being detrimental to the project. The PROVIDER is committed to staying in constant contact through all regular channels (Email and Whatsapp, Text and Voice Messages).
These meetings will last no more than three (3) hours and must be convened at least three (3) business days in advance, by written communication.
Photo or video sessions must be convened at least five (5) business days in advance, by written communication.
THE SUPPLIER is not responsible for loss or damage of physical material sent by the customer caused by shipping companies or any third party as a courier.
3. About designated managers and notifications
THE CUSTOMER must appoint a person as a representative, who must have the power to make decisions about the work and will be with whom the SUPPLIER will have contact for operational purposes.
The PROVIDER is not obliged to carry out any activity or delivery to a person who has not been previously identified by the CUSTOMER as an authorized representative.
Notices, requests, communications and notices to be made by the parties in the course of this contract must be in writing and shall be duly construed only if they are delivered personally by courier or by email to the person and persons designated as representatives.
4. Project phases
Four phases are defined for each project:
4.1.1. General conditions
he period in which the project bases are collected, the Marketing Briefing is completed and all the necessary inputs are delivered to carry out the work. The SUPPLIER undertakes to make available to the CUSTOMER sufficient and clear information about best practices in the collection and production of inputs.
Unless agreed in writing for a different period, THE CUSTOMER will have 48 HOURS to deliver all the necessary inputs to carry out the project or contracted service. In the event that this period is exceeded, the SUPPLIER may give this contract as cancelled.
In case of any irregularity, inadequacy or inadequacy in the inputs delivered, the PROVIDER undertakes to inform the SUPPLIER of this situation. In the event that the CUSTOMER does not wish to make corrections to the delivered inputs, the SUPPLIER will proceed to use such inputs as they were delivered and The CUSTOMER may not require corrections of such errors in the final parts as part of this contract.
The PROVIDER shall not be liable for errors in the information sent by The CUSTOMER, as well as for additional costs or delays caused by the correction of inputs not suitable for the performance of the contracted work.
THE SUPPLIER undertakes to adequately advise THE CUSTOMER on the aspects involved in the production of the necessary and appropriate inputs, however responsibility for the delivery of inputs is the sole responsibility of THE CUSTOMER.
If the CUSTOMER wishes to extend his/her period to collect the inputs, he/she must request a rethink of the economic scope of the project; the increase will be in proportion to 20 USD or 17 Euros or 50,000 COPs for each day of delay.
4.1.2. Briefing (Requirements Report)
The Briefing is the central document that gives meaning to all the inputs delivered by the CUSTOMER and in which it will declare in a coherent and objective way each and every aspect relevant to the realization of the work; this will be the ultimate basis and reference that the PROVIDER will use to comply with the contract.
Any instruction that is not properly declared in the briefing will not have to be taken into account by the PROVIDER. If the CUSTOMER omits information, the CUSTOMER will be responsible for the results.
Briefing must be socialized with THE PROVIDER before any type of activity is carried out.
4.1.3. On non-digital inputs
Unless a transcription service is expressly budgeted, THE PROVIDER will not accept any handwritten, printed or image digitized text as a working input. Only this type of material will be taken as a visual reference and treated as disposable material.
4.1.4. Audiovisual inputs (photographs, graphics and videos)
Unless contracted the photo production service or purchase in image bank, the production, purchase and / or collection of audiovisual inputs (images, graphics and videos) are the sole responsibility of THE CUSTOMER.
THE PROVIDER is under no obligation to produce, purchase or download graphics, photographs or videos with specific content.
4.2. Production phase
Period in which THE SUPPLIER performs the work offered and delivers the contracted material as a preview so that THE CUSTOMER can be aware of the delivery of what was agreed.
THE PROVIDER undertakes to inform the CUSTOMER by written communication about the time when the Production Phase begins, warning that from that moment no new inputs or requirements will be received.
The SUPPLIER undertakes to carry out the production of the work during the days it has budgeted.
In case of not receiving the necessary audiovisual inputs during the input phase, THE PROVIDER will be entitled to use provisional images and THE CUSTOMER may not require the inclusion or replacement of audiovisual material, as part of this contract.
4.3. First delivery phase
At this stage, the PROVIDER shows the contracted work in preview. Remember. PROJECTS are canceled in full at the beginning of the process.
In the case of web pages, the preliminary delivery will be made by publishing it on a server owned by THE PROVIDER, with information indicating that the delivery is preliminary. Remember. WEB DEVELOPMENT PROJECTS cancel a first payment of 50% before starting their execution and subsequently cancel their entirety
In the case of offline parts, THE PROVIDER reserves the right to place a watermark or ship parts in low resolution.
The CUSTOMER undertakes to make the second payment upon receipt of this delivery.
The CUSTOMER undertakes to issue during the next 30 continuous days, a written statement in which he notifies one of these two conditions:
It is fully compliant with the work carried out, in which case you are committed to making the corresponding payment.
You want to execute changes during a customization phase, in which case you must send a written statement containing all the changes you want to be made by THE PROVIDER.
4.4. Customization phase
Period during which THE CUSTOMER requests adjustments or changes to the design in the form of change sessions and THE PROVIDER makes such adjustments.
A change session is a formal and written request in which THE CUSTOMER requests all the changes he/she wants regarding the design, diagrams or operation of a part, as long as:
- Do not represent the execution of new services that have not been expressly mentioned in the budget or in this contract.
- They are not the product of the delivery of inputs or information outside the input phase.
- Be in writing.
- They are delivered in a single communication or document, not gradually.
- They are understood by THE PROVIDER.
- Unless otherwise budgeted, every budget includes one (1) customization session for any part. THE CUSTOMER undertakes to submit sufficient information for THE CUSTOMER to understand the features and limitations of a change session.
4.5. Final delivery phase
Period in which THE PROVIDER makes formal delivery of all work done, source codes, editable files and final arts, including changes requested during the customization phase.
All parts will be sent electronically. THE PROVIDER does not undertake to send any material by physical means.
5. On the information writing and transcription service
In case the CUSTOMER has contracted the writing service and / or transcription of information, the following conditions apply:
- The PROVIDER will only use the information provided by THE CUSTOMER.
- The PROVIDER shall notify of any irregularity, inadequacy or inadequacy in the information, which escapes the possibilities of the same and which must be corrected by the CUSTOMER during the first 10 days of receipt thereof.
- The CUSTOMER may not require or make corrections to the information during the production phase.
In the event that THE CUSTOMER has not contracted the drafting and/or transcription service, the following conditions apply:
- The PROVIDER is not obliged to carry out text transcription activities.
- Every piece will be delivered with simulated texts.
In the case of a website, THE CUSTOMER will have the power to modify the information through a content management system.
6.On social media management
6.1. Work schedule
A face-to-face/virtual meeting will be held between THE CUSTOMER and THE PROVIDER to discuss monthly scheduling and content marketing strategy. THE CUSTOMER may request only 2 meetings per video additional calls per month.
THE PROVIDER will carry out a monthly publication planning based on the Briefing and the material (original content or photos) provided by the customer. This schedule will include all specific publications that will be made, including promotions or special events, and will be delivered alongside graphic pieces, flyers and videos for approval.
If THE CUSTOMER wants to be taken into account, for the creation of publications and planning, some important or relevant dates for his business field, he must do so the knowledge of THE PROVIDER before the completion of the schedule.
Once the schedule, graphic parts and videos have been approved, THE CUSTOMER will have the opportunity to make 2 inclusions of unscheduled publications 3 days in advance.
6.2. Inputs for social media management
The CUSTOMER must deliver all inputs corresponding to the contracted plan before starting the planning and programming of the publications.
It is understood as inputs:
- Parts of original content, previously designed, in the case of Passive Social Media Management Plan.
- Photos or images for the creation of graphic parts for active management and intensive management plans.
- Preferred topics for writing articles (with links corresponding to your products, if applicable).
- The corresponding material to make graphic or audiovisual pieces.
- Account access for account management
6.3. Unscheduled modifications
Any modification to the graphic parts, flyers, video and the previously agreed programming schedule or request to add new material to be published, in addition to the 2 inclusions mentioned above, will be budgeted separately.
Any activity that requires making a payment to the corresponding social network will be borne by THE CUSTOMER, who will have to pay in the requested means: Bancolombia and generate proof of payment.
6.4. PROVIDER's participation in customer service
THE CUSTOMER must appoint a person from his team to respond in a timely manner to the cases of requests for information and concerns of followers that are outside the provisions of the script provided. This person must have access to the social networks covered by this contract.
If THE CUSTOMER decides that the tasks of responding and giving information to followers, customers and related through social networks will be carried exclusively by himself or prefers it to be a work shared between both parties, rather than being managed by THE PROVIDER, it must be agreed in advance.
6.5. Blog articles written by THE PROVIDER
The items included in this service will have an approximate of 1,000 to 1,500 words with SEO optimization and photographs of free image banks, unless the CUSTOMER supplies the images. The articles will be made and published on the customer's blog or website, as long as THE PROVIDER has the necessary access, and each will be disseminated as a post within the monthly schedule.
In case the CUSTOMER does not have a blog, the articles will be delivered to him via Google Drive.
THE PROVIDER undertakes to safeguard the data, keys and other information provided by THE CUSTOMER about its accounts but is not responsible for unauthorized access by third parties in the accounts provided or for the restoration or preservation of the information. The information published in any customer profile will be your responsibility.
7.Contractual etra activities
Unless expressly budgeted, activities not reserved by this contract are considered to be the following:
- Make changes to the design according to the subjective criteria of THE CUSTOMER, which are unrelated to the objectives objectively set out in the briefing.
- Make changes to the design, information or operation of contracted parts, which are outside the terms of this contract.
- Performing versions of the same part in another un budgeted language.
- Performing/modifying parallel versions, clones and/or copies of the same part.
- The addition of systems, modules, applications and/or any additional computer development.
- Delivery of versions of designs or texts not approved by THE CUSTOMER.
- Delivery of the work before the date previously offered.
- Reception or processing of inputs, changes or indications about the project delivered by voice notes or direct verbal orders.
The PROVIDER is not obliged to carry out any extra contractual activity as part of this contract.
8. From damage by THE CUSTOMER to contracted parts
The correct use of any digital marketing tool (websites, blogs, social media profiles, mailing systems, product catalogs, purchase order systems, registered user systems, etc.) developed by THE PROVIDER is the responsibility and responsibility of THE CUSTOMER.
Unless otherwise specified, all complications, errors, problems, damages, restrictions and delays caused by lack of knowledge in the above areas are completely outside the commitment of THE PROVIDER, as well as the costs and times associated with the resolution thereof.
Any activity by THE PROVIDER, derived from the knowledge of the technical topics related to the web hosting, domain, emails, databases or security and integrity of the website by THE CUSTOMER, will be the subject of an additional budget.
9.Delays attributable to THE CUSTOMER
The CUSTOMER who does not comply with the payment deadlines stipulated in the contract originated by the PROVIDER will have a fine of 15% of the price originated for every 5 days.
10. From dispute resolution
Disputes or differences arising between THE CUSTOMER and THE SUPPLIER in connection with the signing, performance, interpretation, or termination of the contract, as well as any other matter relating to this contract, shall be subject to review by the parties in order to seek a direct settlement, in a term not greater than five (5) working days from the date on which either party communicates in writing to the other the existence of a dispute.
Where the dispute cannot be settled directly, it must be subject to conciliatory proceedings to be brought before any conciliation centre in the city where the contract takes place, upon request for high conciliation individually or jointly by the parties.
If, within eight (8) working days of the commation of the conciliation process, which shall be understood from the date of the first summons to the parties made by the conciliation centre, the parties do not reach an agreement to resolve their disputes, they may go to the competent judicial or judicial procedure.
The parties declare that they submit to the jurisdiction of the city of the city where the contract takes effect before whose authorities will resolve their disputes.
11. Refunds and returns
In case of agreeing any refund from THE PROVIDER, the beneficiary will only be THE CUSTOMER. The refund will be made in the form of a bank transfer. It will be made in a maximum of 4 payments, in a time not more than 90 continuous days. The amount of payments is in the power of THE PROVIDER.
11.1.CUSTOMER's Rzones to request full refunds:
- That THE PROVIDER has not started the activities within a period of 10 business days or more.
- The PROVIDER does not respond to written communications within 10 business days or more.
- That THE SUPPLIER presents pieces that are in demonstrable disagreement with the marketing objectives raised in writing in the Briefing. To do this, THE CUSTOMER must send written communication to THE SUPPLIER on the reasons on which he/she bases his disagreement with the parts delivered.
11.2. REASONS OF THE PROVIDER not to return money to THE CUSTOMER
- THAT THE CUSTOMER incurs any of the conditions to apply the cancellation of the contract.
- That THE SUPPLIER can demonstrate that the work carried out fully meets the marketing objectives set at the beginning of the project.
- That THE CUSTOMER refuses to propose, develop or present a coherent marketing strategy that can serve as an objective guide to design work.
- Proof that the PROVIDER has fully followed the instructions present in the contracted change sessions.
- That it is demonstrated or determined that THE CUSTOMER sent different inputs (in quality or quantity) to those agreed, that does not allow THE SUPPLIER to perform the service. Or that the CUSTOMER omits relevant information.
- It is shown that both parties conducted, by mutual agreement, sessions of ordinary or additional changes to those budgeted.
BEFORE RUBIO, DIGITAL STRATEGIES