Terms and Conditions

Terms and conditions for the provision of professional services for the development of a Website, Virtual Store, App, Advertising Campaign, Graphic Design and Hosting, which is hereinafter referred to as THE PRODUCT, which is entered into by the user who accepts these terms and conditions, which for these purposes will be referred to as THE CLIENT and EveFor.Mx, which will hereinafter be referred to as the SUPPLIER in accordance with the following clauses.

ACCEPTANCE

By enabling the “I accept Terms and Conditions” box, THE CLIENT accepts the terms and conditions stated in this document through its IP address, which will be attached to its registration, and will comply with the confidentiality stated in the Privacy Notice of this website.

THE SUPPLIER DECLARES:

That it has the professional knowledge and experience necessary to carry out the work entrusted in this document. Based on the above, the parties agree to abide by the terms and conditions set forth below:

CREATION

1.1. SUPPLIER's Contract.

By this means, THE CLIENT will contract the services of THE SUPPLIER for the purpose of designing, creating, testing and delivering THE PRODUCT fully functional. Access for its configuration will be delivered to THE CLIENT within our server in the newest version of HTML5, CSS3, JAVASCRIPT, PHP and OTHERS Languages, fully finished and functional at the time of publishing it on the Internet.

1.2. Responsibilities for delivery to THE CLIENT.

Within the first 24 hours after payment and acceptance of these terms and conditions as well as the registration of data and the fully processed request for THE PRODUCT, THE SUPPLIER agrees to deliver to THE CLIENT the elements necessary for access to THE PRODUCT.

1.3. Hidden text

THE SUPPLIER shall not include any hidden text or code in the development of THE PRODUCT upon final delivery except when directly requested by THE CUSTOMER.

1.4. Acceptance period

THE CUSTOMER has 5 days from the date of final delivery of THE PRODUCT to notify THE SUPPLIER in writing of any item that does not comply with the specifications. In the event that THE CUSTOMER does not notify THE SUPPLIER within the 5-day period, THE PRODUCT shall be deemed accepted in all its aspects.

1.5. Corrections

THE SUPPLIER shall have a period of 5 days after receiving THE CUSTOMER's written notification to correct THE CUSTOMER's requests. Once the PRODUCT has been delivered, THE CUSTOMER shall have 5 days to notify THE SUPPLIER in writing of any other corrections. THE SUPPLIER shall have 5 days after receiving the written notification to deliver the corrected PRODUCT. This process will be repeated until THE CLIENT accepts each of the stages of the PRODUCT development. It should be noted that only corrections that are included in the work order and are specifically stated in the request will be made. Any correction not detailed in the request will generate a charge to THE CLIENT, according to the hours of work required for the correction, with the current fixed rate being $30 Usd per hour.

Upon completion of the PRODUCT by the SUPPLIER, THE CLIENT may request support and/or additional work which will be included in another quote and will have the price assigned directly by the SUPPLIER.

1.6. Reports and meetings

THE CLIENT must designate a contact person to attend meetings with THE SUPPLIER and to whom THE SUPPLIER will contact when it is necessary to report progress. This person will be the only one authorized by the SUPPLIER and by the CLIENT to discuss progress and changes. This person may be the CLIENT himself or someone else designated by him.

COMPENSATION FOR SERVICES

1.7. PAYMENT METHODS

THE CLIENT must make payment to THE SUPPLIER through the payment systems made available: Bank Deposit, Bank Transfer, PayPal, Mercado Pago, Credit or Debit Card.

1.8. Debts

A project that has debts will not be published or delivered. THE CLIENT must pay the total amount of his request so that THE PRODUCT can be delivered, nor will access, email accounts, application functions and in general any service directly or indirectly linked to THE PRODUCT be delivered.

1.9. NON-SENDING OF INFORMATION, INCOMPLETE OR ILLEGAL INFORMATION

In the case of these assumptions, THE SUPPLIER will cancel the project for THE PRODUCT for which there is no information, will cancel and eliminate from the servers THE PRODUCT that contains illegal material. In any of these cases, advance payments will remain in the possession of THE SUPPLIER, and there will be no total or partial refunds, since when starting a project THE SUPPLIER incurs expenses

2.0. Early termination of the contract

In the event that THE CLIENT decides to terminate its request before the conclusion of these terms and conditions, THE SUPPLIER must be compensated for all work performed up to that point. THE SUPPLIER must deliver all partial work to THE CLIENT for it to use as it sees fit, without this meaning that THE CLIENT will be the owner of material, software or ideas protected by copyright.

2.1. Completed project

Upon completion of the project and without any outstanding debt, access to THE developed PRODUCT will become the property of THE CLIENT, this not meaning that THE CLIENT will be the owner of material, software or ideas protected by copyright or property of THE SUPPLIER, in the case of themes, modules, plugins or any other tool necessary for the operation of the PRODUCT and which generates monthly or annual costs, it will be THE CLIENT's responsibility to pay for it, unless otherwise agreed in the request. In the case of the DOMAIN, it will be the property of THE SUPPLIER until the project has been completely delivered to THE CLIENT and there are no debts.

2.2. Maintenance

The timely payment of the domain and hosting is fully the responsibility of THE CLIENT at all times and THE SUPPLIER will only participate as a link to carry out this process. THE SUPPLIER will not incur any liability in the case of expired DOMAINS registered by third parties in the event that THE CLIENT does not cover the annual cost stipulated in the request in a timely manner.

WORK PROCESS FOR CUSTOM WEBSITE

2.3. The work will be shown in a graphic sketch and the client has the right to the changes and improvements stated in their request, or failing that, those stipulated in the characteristics of the contracted plan. In the event of requiring others, the fee related to the function will be added to the additional work time that THE SUPPLIER has to incur.

Once THE PRODUCT design has been accepted, work will be done to turn it into THE final PRODUCT. Once the proposed sketch has been accepted, there will be no changes or turning back in the previously authorized structure and styles. At this stage, any change by THE CLIENT generates fees depending on the difficulty of the change and adhering entirely to the hourly rate that THE SUPPLIER handles at the date.

DELIVERY TIMES

2.9. Delivery times will be stated in the request, and will begin to run until the information under THE CLIENT's responsibility is complete, clear and correct (No spelling, style, photo, audio or video corrections will be made unless they are negotiated and established in the quote)

MISCELLANEOUS

3.1. THE SUPPLIER will not disclose to any third party or use for purposes other than those agreed in this document the information about the business, services, processes, strategies and products owned by THE CLIENT that it collects during the performance of the services stipulated in this contract. This obligation will only be limited when THE SUPPLIER is required by law to make such information public, or in the event that it becomes public domain.

3.2. Unless otherwise agreed in writing with THE SUPPLIER, the copyright and other rights related to any software provided to THE CLIENT by or on behalf of THE SUPPLIER pursuant to this agreement (the “intellectual property”) will remain the property of THE SUPPLIER or, where applicable, its licensors.

THE CLIENT must not decompile, disassemble, decrypt, extract or manipulate any part of the software program provided to it by THE SUPPLIER without the written authorization of the same or the legitimate owner of the rights.

3.3. None of the software programs that SUPPLIER is delivering under this Agreement is designed or intended to be fail-safe software or is designed or intended to be used in an environment where its failure or malfunction could lead to death, bodily injury or economic, physical or environmental damage (“high risk activities”). The term “HIGH RISK ACTIVITIES” includes but is not limited to on-line control of equipment in hazardous environments requiring fail-safe operation (such as operation of nuclear facilities, air traffic control, medical equipment, weapons systems, financial control, reporting or security systems). CUSTOMER warrants that it will not use, distribute or resell any of the software programs for any “high risk activities” and that persons who are authorized to use the software program will be informed of this clause. THE CUSTOMER shall indemnify THE SUPPLIER from any loss, cost, damage or claim from third parties resulting from the use of the software program in “high-risk activities” or any breach of this clause by the customer.

3.4. THE CUSTOMER is solely responsible for the appropriate backup of its systems and data, as well as the implementation and maintenance of security in its facilities including anti-virus protection, the sending of SPAM, the handling of information, the legal and legitimate use of the PRODUCT, the verification of payments and shipments in the case of virtual stores or online sales systems. THE SUPPLIER shall not be responsible in any case for the transactions, products or services offered by THE CUSTOMER using the PRODUCT.

THE CUSTOMER agrees with THE SUPPLIER that within a period of 2 years after the end of this contract, it will not attempt to hire any of THE SUPPLIER's employees. THE CUSTOMER understands that the prohibition and restriction contained in this clause is reasonable under the circumstances and necessary to protect THE SUPPLIER's business.

3.5. THE CLIENT understands that the services that THE SUPPLIER is providing are not exclusive and that THE SUPPLIER could provide services of the same or similar nature to any company, even in the same line of business as THE CLIENT.

3.6. For anything not provided for in this document, the parties agree to be bound by the provisions of the civil and commercial code of Mexico City.

3.7. In the event of a dispute in the interpretation of this document, the parties expressly submit to the jurisdiction of the courts of Mexico City and waive any other present or future jurisdiction that may apply to them for any reason.

3.10. The parties declare that in the execution of this document there is no defect, error, fraud, injury or bad faith in the consent, and therefore waive any action derived from the above.

4.1. In the event that the software created by THE SUPPLIER is worked on by any other company or individual that does not belong to the SUPPLIER's work team. The software, system, website or development will be free of any liability towards the SUPPLIER, invalidating the guarantee offered in the request.

SOFTWARE OTHER THAN THOSE PROVIDED AND THEIR INTERACTION

4.2. It should be mentioned that the use of external programs such as Microsoft, Outlook, Mail Clients, Mobile Devices, Plugins, Modules, Themes or any other program not developed by us does not fall within our jurisdiction for training or coaching, in the event that the client requires training of this nature, the training will be subject to THE CLIENT's request with the hourly rate that exists at the time of the request.

*For the price list and modifications, you can request an updated quote as of the date of the request.

HOSTING AND DOMAIN

4.3. The SUPPLIER will contact THE CLIENT via email to notify them of the expiration of the hosting and domain. THE SUPPLIER is not responsible for the following points if payment is not made on the dates of each year of service.

– Loss of the domain.

– Loss of updates that the page has undergone.

– The page is not available.

– The email accounts are not working.

* In any of the aforementioned points, the cost for repair will be the hourly rate that THE SUPPLIER has on the date of the incident and THE CLIENT will have to settle this debt to be able to use THE PRODUCT with THE SUPPLIER again.

5.2. On all Web pages, a guarantee is offered on the system as long as;

– The page is hosted with THE PROVIDER

– Only THE PROVIDER has access to the control panel. If the CLIENT has or requests this access, the warranty is automatically lost and any damage to the page will be charged at the hourly rate in effect at the time of the damage.

EMAIL

6.1. THE CLIENT may use his/her email accounts for personal use, without exceeding 200 emails per day and per DOMAIN.

A) Email accounts that violate SPAM rules may at any time be blocked and cancelled by THE PROVIDER or third party companies that regulate the appropriate use of email accounts.

B) Your email account is for personal use and not for sending mass advertising. If this happens, THE PROVIDER or third parties will take the necessary measures to delete your account and the expenses, fines, and fees described for the misuse of your email will be borne by THE CLIENT at all times.

C) THE PROVIDER will provide the hosting service, however it is not responsible for any misuse that THE CLIENT may give it.

If you or your company require email marketing service, contact THE PROVIDER to offer you a package that works for these needs. And the terms and conditions of said package will be attached in another contract.

BACKUPS

7.1. The SUPPLIER is responsible for having a backup of THE PRODUCT, as long as THE CLIENT is up to date with their payments and THE PRODUCT is stored in THE SUPPLIER's Hosting.

7.2. The SUPPLIER undertakes to have a backup of the Website, however on Websites that have a database at all times it is the CLIENT's responsibility to back up said database.

RETURNS

8.1 The SUPPLIER will refund the total payment to THE CUSTOMER in the event that THE SUPPLIER fails to comply with the characteristics or functions offered in the request, and only in clearly demonstrable cases of omission by THE SUPPLIER, THE CUSTOMER may also request a refund in the event that the delivery time of THE PRODUCT, stipulated in the request, exceeds 30 calendar days after the agreed date.

REFUNDS MUST BE REQUESTED IN WRITING AND WILL TAKE A MINIMUM OF 15 DAYS AND A MAXIMUM OF 30 TO BE REIMBURSED TO THE CUSTOMER, AND WILL BE MADE BY THE SAME MEANS WITH WHICH THE CUSTOMER HAS MADE HIS PAYMENT.

IN THE EVENT OF A DISPUTE OR CLAIM, THIS AGREEMENT MUST BE ACCOMPANIED BY THE QUOTATION ISSUED BY THE SUPPLIER. ACCEPTANCE OF THIS AGREEMENT APPLIES TO NEW AND CURRENT CUSTOMERS, AND ONE PAYMENT BY THE CUSTOMER WILL BE SUFFICIENT TO CONSIDER ACCEPTANCE.