1. Cloud Service
The User has the hiring of the number of users established in the Quotation, so he must consider the above to allow his collaborators to access the platform, in the understanding that, if he has only one (1) user, his collaborators must enter with the same user and password assigned, the User being responsible for the proper use of the system as detailed below. Finally, the User has a storage capacity as established in the Quotation, so the documentation that he uploads in PDF as an annex or the contracts that are generated in TRATO should be limited to this capacity and if more space is required, You must contract it independently with the Company. By virtue of these Terms and Conditions, the Company agrees, in consideration of the consideration established in the Fourth Clause below, to act as an Application Service Provider, to make its best efforts to offer the User the availability of the servers that the Company has contracted so that remotely, through the Internet, the User can connect at any time and execute the systems and applications owned by the Company, designed to support the User's contractual processes. The User does not acquire under the present Terms and Conditions any right or license to use TREATMENT. Once the requested services are finished, the right to access and use the services will end immediately.
In order to allow the Company to provide services to the User, the User grants the Company the right to use, process and transmit, in accordance with these Terms and Conditions, its content during the term of the service period and during any additional period after the termination during which the Company gives you access to recover your files. In the event that the User provides access with his username and password to third parties, the Company will not be responsible for the use, disclosure, modification or elimination of its content as a consequence of such access by the User. The Company is not responsible for the content of the contracts that are generated with the use of the platform since the User is responsible for adding, editing or deleting the clauses and information that he deems appropriate. Therefore, the Company has no obligation to submit to any litigation or trial that has been generated by virtue of a contract and the User undertakes not to request the intervention of the Company to any of said procedures or another similar one. If the intervention of the Company is required by the User or any third party related to the User, the latter must pay the cost per hour amounting to $ 4,
3. Description of the Service
TREATMENT facilitates the use of automated tools for the administration and attention of contracts, limited to the number of contracts, users and storage that have been specified in the Quotation. The number of contracts that are expressly mentioned in the First Clause, represent the maximum number that the tool will consider to follow up and attend with the functions that are mentioned below. This amount does not represent the number of contracts that the User can file, considering that the contracts that are filed can only be stored based on the space or storage limitations mentioned in the First Clause. In case the User decides to increase his limit, he must sign a new contract based on a new number of contracts. The functions described below are shown in an exemplary manner and in no way represent a commitment by the Company, since the functions may vary, from time to time, adding or restricting functions, information that will be communicated in advance to the User by email or other means: (a) Storage of contracts in the cloud based on the limit of contracts indicated in the First Clause; (b) Automation of contract tasks; (c) Follow up of recent activities; (d) Edit window enabled for the creation of contracts; (e) Use of "pre-filled" contracts with information related to general statements and clause issues for some contracts; (f) Contract templates or other legal document that are presented in the form of a guide and the User must consult his lawyer to use them correctly; (g) Possible edition of the contract by all the participants in case the User has enabled it; (h) Upload documents in PDF format and send them to a handwritten digital signature; (i) Use of digitized autograph signatures; (j) Advanced electronic signatures must be purchased separately based on the Company's policies and under a new contract; (k) Documents stored in the cloud subject to the space determined by the Company; (l) Alerts and notifications; (m) Upload annexes after the contract is signed; (n) Add logo to be shown in the emails that are sent to the participants when they receive a contract, as well as in the contract view to which the participants have access; (o) Additional accounts for consulting the same account and documents by company personnel that you have added manually; (p) Board that shows relevant information of the contracts. Other Additional Services The user may additionally acquire the following services: (i) Enable in each document the use of advanced electronic signatures; (ii) Enable in each document the HASH record in the Blockchain; (iii) Add a greater number of users for teamwork; (iv) Pay for the content of a template; (v) Pay the orientation for each template. (ii) Enable in each document the HASH record in the Blockchain; (iii) Add a greater number of users for teamwork; (iv) Pay for the content of a template; (v) Pay the orientation for each template. (ii) Enable in each document the HASH record in the Blockchain; (iii) Add a greater number of users for teamwork; (iv) Pay for the content of a template; (v) Pay the orientation for each template.
The User agrees to pay the Company, as consideration for the services granted through these Terms and Conditions, the amount established in the Quote plus VAT on a monthly basis. You must also pay for the additional services that are acquired within the platform, as well as any amount that the User has authorized to charge later to your invoice, amounts that will be added with the corresponding value added tax (VAT). Any payment made by the User will be accrued immediately so that the User waives any right to reimbursement. In the event that the User makes an annual payment or a package of documents, Once the term of one year has expired and the User has not made use of the contracted documents, the User must once again make the annual payment in accordance with the updated quote sent by TRATO in order to continue using the platform. Payments must be made by bank transfer to the account provided by the Company. The Company is obliged to deliver the corresponding invoices, which must comply with the requirements established in the current tax legislation. The User must once again make the annual payment in accordance with the updated quote sent by TRATO in order to continue using the platform. Payments must be made by bank transfer to the account provided by the Company. The Company is obliged to deliver the corresponding invoices, which must comply with the requirements established in the current tax legislation. The User must once again make the annual payment in accordance with the updated quote sent by TRATO in order to continue using the platform. Payments must be made by bank transfer to the account provided by the Company. The Company is obliged to deliver the corresponding invoices, which must comply with the requirements established in the current tax legislation.
5. Limitations of the Service
The User acknowledges that the use of the services in a manner contrary to the provisions of these Terms and Conditions (for example, carrying out an alteration in the operation of TREATMENT) may adversely affect their performance and / or originate additional fees. The Company may make changes or updates to the services (such as infrastructure, security, technical configurations, features of the applications, etc.) during the provision of the Services, including those designed to reflect changes in technology, industry practices, guidelines for the use of the system, and availability of third-party content. The conditions of the service are subject to modifications at the discretion of the Company; nevertheless, the modifications that the Company makes to the service will not result in a significant reduction in the level of performance or availability of the respective services provided to it during the term of this instrument.
6. Additional User Responsibilities
The User will be responsible for identifying and authenticating all its users and / or collaborators, for approving access to the services by said users and / or collaborators, for controlling the unauthorized access of the users, and for maintaining the confidentiality of Usernames, passwords and account information. By associating their user names, passwords and accounts, and those of their users with TREATMENT, the User accepts responsibility for the timely and correct cancellation of users' records in their local identity infrastructure (intranet) or on their local computers . The Company is not responsible for any damage caused by its users, including people who were not authorized to access the services but were able to access because the names of users, passwords or accounts were not canceled in a timely manner in their local identity management infrastructure or their local computers. The User is responsible for all activities carried out with their user name, password or account or those of their users, or as a result of access to services by their or their users, and agrees to notify the Company immediately about any unauthorized use. The User agrees to use all reasonable efforts to prevent unauthorized third parties from accessing the services. The User agrees not to use or allow the use of the services, including by uploading, sending by e-mail, publication, advertisement or transmission by any other means, of any material, including its content, applications and third-party content, for any purpose that (a) involves a threat or harassment to any person or causes damage or injury to persons or property; (b) implies the publication of false, defamatory, harassing or obscene material; (c) violates privacy rights or promotes intolerance, racism, hatred or harm; The Company will not have any responsibility towards the User in case the Company adopts such measures. The User shall have exclusive responsibility related to the accuracy, quality, integrity, legality, reliability, adequacy and ownership of all its content and applications. The User agrees to defend and indemnify the Company against any claim arising from a violation of its obligations under the Second Clause of these Terms and Conditions. integrity, legality, reliability, adequacy and ownership of all its content and applications. The User agrees to defend and indemnify the Company against any claim arising from a violation of its obligations under the Second Clause of these Terms and Conditions. integrity, legality, reliability, adequacy and ownership of all its content and applications. The User agrees to defend and indemnify the Company against any claim arising from a violation of its obligations under the Second Clause of these Terms and Conditions.
7. Cancellation of Services
The User may cancel the Services at any time giving notice thirty (30) days in advance. Failing to do so, all its terms are enforced until its conclusion. If you need to renew it, you must adjust to the new prices and conditions established by the Company. In case a payment has been made for a longer time, it will be understood that the User decided to advance the payments to facilitate the administration and practicality in the payment thereof, but in case the User decides to cancel the service, said payments will not they will be refundable.
The services under these Terms and Conditions will be provided during the validity of the commercial relationship between the Parties, except for suspension or early termination in accordance with these Terms and Conditions. With the understanding that certain services in the cloud are requested with automatic renewal for periods of additional services, unless (a) the User notifies the Company in writing, at least thirty (30) days before the end of the period of respective services, your intention not to renew said Services in the Cloud, or (b) the Company notifies the User in writing, at least ninety (90) days before the end of the respective Service Period, your intention not to renew said Services in the Cloud. Once the Services are finished, the User will no longer have access rights to the Services or their use, including TREATMENT and the associated service environments. Notwithstanding the foregoing, and if the User so requests, and for a period of up to 60 days after the end of the respective Period of Services, the Company will make available its content and applications for the purpose of the User's recover At the end of said period of sixty (60) days, and except as required by applicable law, THE COMPANY will eliminate or otherwise render inaccessible its Content and its Applications that remain in the Services Environment. The Company may temporarily suspend the password, account and access to the services to the User and use thereof if the User or its users violate any provision contained in these Terms and Conditions, according to the reasonable criteria of the Company, due to that the services or any of its components were to suffer a significant threat to security or functionality. The Company will notify you in advance of such suspension at the reasonable discretion of the Company depending on the nature of the circumstances that give rise to the suspension. The Company will employ reasonable efforts to reinstate the affected Services without delay once the Company determines, at its reasonable discretion, that the situation that gave rise to the suspension has been remedied. However, during any period of suspension, the Company will make available to the User the content and applications as they exist in the service environment on the date of the suspension. The Company may terminate the Services by virtue of an order if any of the causes for prior suspension were not remedied within thirty (30) days after the notification sent by the Company in that regard. Any suspension or termination by the Company under this paragraph shall not relieve the User of its obligation to make payments in accordance with these Terms and Conditions.
9. Data Protection
The Company is obliged to handle the Confidential Information owned by the User in the same or better way with which it handles its own confidential information. The Company undertakes to use the Confidential Information only for the realization and fulfillment of the object of these Terms and Conditions, being strictly forbidden to disclose it by any means to third parties, copy it, reproduce it or give it any use other than that established in these Terms and Conditions . Upon termination of the Services, each party shall deliver to the other the Confidential Information it holds, including its copies and reproductions.
11. Guarantees and Waivers
The Company will use all the tools it has to provide (a) the Cloud Services in all its substantial aspects as described in these Terms and Conditions, and (b) the Professional Services in a professional manner in accordance with the specifications for that purpose. If the User considers that the services provided were not provided in accordance with the previous guarantee, he must notify the Company in writing, describing the deficiency in the Services (including, as applicable, the service request number under which notifies the Company of the deficiency in the Services). If there is any breach of the guarantee of services, the only remedy that the user will have and the only responsibility that the company will have is the correction of the deficient services that caused the breach of the guarantee or, if the company could not correct If the deficiency is substantially commercially reasonable, the user may terminate the deficient services without the right to reimbursement. To the extent that the law does not prohibit, these warranties are exclusive and there are no other warranties or express or implied conditions, including warranties or conditions related to software, hardware, systems,
12. Limitation Liability
Neither Party shall be liable for indirect, incidental, special, punitive or consequential damages, or for loss of profit or loss of income (except for rates under these Terms and Conditions), data or use of data. Due to the fact that the Company does not have access to the information stored by the User in TREATMENT because it is encrypted, the Company's total liability for any loss or damage arising under or as a consequence of these Terms and Conditions or your order, whether contractual or extra-contractual, or of any other nature,
13. Third Party Technology
TRATO may allow the User to establish a link, transmit its content, or otherwise access other websites, content, products, services and information of third parties. The Company does not control or is responsible for said websites or for such content, products, services and information accessible or provided through TRATO, and the User assumes all risks related to the access and use of said websites and contents, products , services and information of third parties. All Third Party Content to which the Company provides access in the Service Environment or through it is provided "in the state it is in" and "in the state in which it is available" without any guarantee of any kind. The Content of Third Parties may be indecent, offensive, inaccurate, in violation of rights or otherwise objectionable or illegal, and the User acknowledges that the Company is not responsible, nor does it have any obligation, to control, monitor or correct the Content of Third Parties. The User acknowledges that: (i) the nature, type, quality and availability of third-party Content may vary at any time during the Service Period, and (ii) the characteristics of the Services that operate with third parties (individually, a "Third Party Service"), depend on the continuous availability of the respective application programming interfaces ("API") of said third parties for their use with the Services. The Company may update, change or modify the Services in accordance with these Terms and Conditions as a result of a modification or lack of availability of said Third Party Content, Third Party Services or API. If a third party fails to make available its Third Party Content or API in accordance with reasonable terms for the Services, as determined by the Company in its sole discretion, The Company may stop providing access to Third Party Content or the Services of Affected Third Parties without liability to You. Any change in Third Party Content, Third Party Services or APIs, including their availability or lack of availability, during the Service Period does not affect Your obligations under these Terms and Conditions or the corresponding order, and the User does not shall have any right to reimbursement, credit or other compensation as a result of said changes. The third owner,
14. Complementary Programs
The Company may use tools, scripts, software and utilities (collectively, the "Tools") to supervise and administer the Services and to resolve your TRATO service requests. The Tools will not collect or store your Content or Applications that reside in the Services Environment, except as necessary to provide the Services or resolve service requests or other problems related to such Services. The information collected by the Tools (except for its Content and Applications) may also be used to provide assistance to the different products and services of TREATMENT,
15. Analysis of the Service
The Company may (a) collect statistical and other information related to the performance, operation and use of the Services, and (b) use the data from the Services Environment in aggregate form for the management of operations and security, to create statistical analyzes, and for research and development purposes (the above is collectively referred to as "Service Analysis"). The Company may make the Service Analysis public; however, the Service Analysis will not incorporate the Confidential Information in a way that could be used to identify the User or any other individual, and the Service Analysis does not constitute Personal Data.
16. Fortuitous or Force Majeure Event
Neither Party shall be responsible for the breach or delay in the fulfillment of its obligations if it were caused by acts of war, hostility or sabotage; causes of force majeure; pandemics, interruption of telecommunications, Internet or electricity services that are not caused by the obligated party; government restrictions (including the denial or cancellation of any export, import or other license); or any other event beyond the reasonable control of the obligated party. Both parties will use reasonable efforts to mitigate the effects of a force majeure event. If such an event persists for more than thirty (30) days, either party may cancel the Services pending delivery and the affected orders by written notice. This clause does not exempt the parties from the obligation to take reasonable measures to follow their normal disaster recovery procedures or their obligation to pay for the Services. In the event of an event of Fortuitous or Force Majeure, the Company does not guarantee that (i) the services will be provided without errors or in an uninterrupted manner, nor that the company will correct all the errors of the services, (ii) the services will work in combination with their content or applications, or with any other hardware, software, systems, services or data not provided by the company, and (iii) the services will comply with their requirements, specifications or expectations. The User acknowledges that the company does not control the transfer of data through communication systems, including the Internet, and that the services may be subject to limitations, delays and other problems inherent in the use of such communication systems. The Company is not responsible for delays, defaults in the shipment, or other damages that are a consequence of said problems. The Company is not responsible for problems related to the performance, operation or security of the services that arise from its content, its applications or the content of third parties. The Company does not make statements or provide guarantees with respect to the reliability, accuracy, completeness, correctness or usefulness of the content or service of third parties, and does not assume any responsibility that derives in virtue of or as a consequence of the content or services of third parties.
All notification required under these Terms and Conditions will be sent to the other party by email with the corresponding confirmation from the other party. In the event that the User has a conflict with the Company, or the User is subject to a concurso preventivo or any other similar legal procedure, he / she must notify such circumstance immediately to firstname.lastname@example.org, in order to request the termination of the Services in accordance with these Terms and Conditions. The User must submit an application to the Company at the indicated email address and receive confirmation of receipt from the Company. The Company may grant notices to the customer base of the Services in the TREAT Cloud by posting a general notice in the TREAT portal corresponding to the Cloud Services, and notices specifically addressed to the User will be sent by email to the email address registered in the TREAT account information. It is the User's responsibility to update their email address in the TREAT account information to be aware of any information related to the service based on the guidelines established in this instrument.
The User may not assign the rights granted by virtue of the provision of the Services or grant or transfer the Services (including the Programs of the Company) nor any right over them, to another natural or legal person. If the User grants a lien on any part of the Services, the owner of said lien will not have the right to use or transfer the Services or the deliverables.
19. Professional Services
The package contracted can include within its services, the alliance with a legal office for the preparation of content. The Company will not be responsible for any document, template or contract prepared by the corresponding office and the User, recognizing the above, accepts that he is responsible for going directly to the legal office in question for advice or any other subject related to the content of his documents. The Company, to facilitate the hiring of the legal firm, may receive payment.
20. Relationship between the Parties
The Company is an independent contractor and the parties accept that there is no association, joint venture, joint venture or agency relationship or representation between them. The User and the Company will be responsible for the payments to their respective employees, including insurance and payroll taxes that apply. The User will defend and indemnify the Company against any liability arising from the laws, ordinances or regulations applicable in relation to the termination or variation of the employment conditions that the User has with respect to any of its employees in relation to the Services in accordance with the present Terms and Conditions. The User understands that the business partners of the Company and other third parties, including the legal offices that the User contracts for the provision of consulting or content creation services that interact with the Services in the Cloud, are independent of the Company and not They are representatives of this one. The Company is not responsible, obligated, or responsible for any problem with the services resulting from the acts of said commercial partners or third parties. They are independent from the Company and are not representatives of the Company. The Company is not responsible, obligated, or responsible for any problem with the services resulting from the acts of said commercial partners or third parties. They are independent from the Company and are not representatives of the Company. The Company is not responsible, obligated, or responsible for any problem with the services resulting from the acts of said commercial partners or third parties.
21. Other Provisions
21.1. In the event that any clause of these Terms and Conditions is considered null and void or unenforceable, the remaining provisions thereof will remain in effect and such clause will be replaced by another that is consistent with the purpose and purpose.
21.2. Except for actions for non-payment or violation of the property rights of the Company, neither party may file an action, regardless of its form, arising under or as a consequence of these Terms and Conditions after the expiration two years since said action originates.
21.3. The User must obtain, at their own cost and charge, the rights and consents of third parties that are necessary for their Content, their Applications and the content of third parties, as well as the products of other suppliers that the User provides and uses with the Services, including the rights and consents necessary for the Company to provide the Services under these Terms and Conditions.
21.4. The acquisition of Services in the Cloud, Professional Services, or other offers of services, programs or products constitute separate and independent offers of any other order. The User understands that they may acquire Cloud Services, Professional Services, or other offers of services, programs or products independently of any other order. The obligation to pay under an order is not subject to the performance of any other service offer or delivery of programs or products.
22. Single Agreement
The User accepts that the Quotation, the Terms and Conditions and the information incorporated therein constitute the entire agreement with respect to the Services that the User requests and replaces all previous or contemporaneous contracts or statements, whether written or verbal, related to said Services.
23. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed in accordance with the substantive and procedural laws of the United Mexican States. The User and the Company agree to submit to the exclusive jurisdiction of the competent courts domiciled in Mexico City, to settle any dispute arising under or as a consequence of the Services.
The Parties agree that the terms set forth below will have the scope that in each case is defined. Training: Support and guidance offered by the Company to the User, on best use practices of TREATMENT based on the information contained therein. Quotation: Proposal of services sent by the Company to the User where the details of the service are established, in an enunciative but not limited way: (i) number of contracts; (ii) number of users; (iii) consideration, and (iv) storage space. Service Environment: The use of TREAT in conjunction with complementary programs, applications or any other type of service that facilitates the creation, management, signing and monitoring contracts individually or jointly. Autograph Signature: Signature signed with the handwriting of a person. Authenticated Digitalized Signature: Signature handwritten that is expressed in a Data Message through technological device. Advanced Electronic Signature (FIEL): It is the set of data and characters that allows the identification of the signatory, which has been created by electronic means under its exclusive control, so that it is linked solely to the same and to the data to which it refers, which allows any subsequent modification of these to be detectable, which produces the same legal effects as the signature autograph. Simple Electronic Signature: Any electronic signature, without distinction of any applied technology, produces the same legal effects as the autograph signature and is admissible in court, where means of identification are used, such as passwords or passwords of the issuer that identify it with a certain data message. Confidential Information: All information that constitutes the identification of people and / or material goods that is loaded or added as text to the platform by the User or by third parties with whom it enters into a contract. Application Service Provider or ASP (Application Service Provider): means any company that offers computer services to its customers through a network. The software offered through an ASP model is also known as software on demand or software as a Service (SaaS). The most restrictive sense of the term would be to facilitate access to an application program (such as customer relationship management), via a standard protocol such as HTTP, the same sense used in this instrument to describe the service offered by the company. Company to its users and / or clients. PDF (Portable Document Format): means the composite digital format (in which texts are supported, bitmaps and vector images) that has been manufactured by the American company Adobe Systems. Template (s): Guide documents prepared in TREATMENT that serve as a sketch for the User to adopt the same as their own and add, modify or delete content for the purpose of customizing the document to their own needs. Services or TREATMENT: It is a platform in the cloud, accessible in the url league: app.trato.io, whose operation requires an internet connection on behalf of the User, which facilitates the creation, administration and signature of templates , contracts and / or documents, whose content is the responsibility of the User. Cloud Service: means the services in the cloud of TREATMENT defined in the specifications of the service, which, under no circumstances should be considered as providing professional services. By using treatment, the User declares to know in detail the content and legal scope of these terms and conditions and agrees to be bound precisely in accordance with all the provisions set forth in these terms and conditions.
Date of last update January 9, 2018.