CONTRACT OF "DIGITAL ADVERTISING SERVICES" CELEBRATED FOR A PART ADVERTISING IN BUSCADORES, SA DE CV, IN THE FOLLOWING "PUBSA" AND FOR THE OTHER, THE PERSON WHOSE NAME APPEARS IN THE FOLLOWING "THE CLIENT", TO THE TENOR OF THE FOLLOWING STATEMENTS, DEFINITIONS AND CLAUSES.
I.- UNDER PROTEST TO TELL THE TRUTH THE PARTIES DECLARE AND ACCEPT: 1. That all the data that THE CLIENT manifests, established on the face of this contract are true, that he has received information to his complete satisfaction regarding the content of this contract and therefore understands and accepts the services that it requests and in the way that PUBSA provides them.
2. THE PARTIES agree that for the purposes of this Contract the terms indicated below, when used in capital letters, will have the definition assigned to them, notwithstanding that they are used in singular or plural or any other terms defined throughout this Agreement:
A) DIGITAL ADVERTISING SERVICES: Refers to those services requested by THE CLIENT from PUBSA pursuant to the title page of this contract.
B) GLOBAL INTERNET NETWORK: It is a global computer network that allows several million users to share and exchange information
C) MEDIA: Refers to the set of elements through which PUBSA will provide the DIGITAL ADVERTISING SERVICES which are: LANDING PAGES, BANNERS, SPONSORSHIPS, WEB PAGES, ELECTRONIC CATALOGS, APPLICATIONS FOR VIRTUAL SHOPS, ADVERTISING VIDEOS.
D) GOOGLE ADWORDS: It is a service and a program
from the company Google that is used to offer sponsored advertising to potential advertisers.
FIRST. OBJECT.
The purpose of this Contract is to establish the terms and conditions under which PUBSA will provide, market and provide DIGITAL ADVERTISING SERVICES in favor of THE CLIENT.
SECOND. FROM PUBSA STAFF.
PUBSA is capable of providing the service, has the staff, equipment, professional and technical knowledge and experience necessary to carry out the tasks contained in this contract.
1. The personnel that PUBSA assigns to the provision of services have the proper training, qualification and experience and all the necessary permits and qualifications and comply with the other requirements that ensure the correct provision of services, from contract to applicable legislation, including compliance with legal requirements to be able to work in the country in which the services are provided, these being the sole responsibility of PUBSA at all times.
THIRD. INTERNET USE RULES.
The use of the DIGITAL ADVERTISING SERVICES provided by PUBSA for THE CLIENT, implies their acceptance and compliance by THE CLIENT, stating from this moment, have full knowledge of the nature of the INTERNET and its limitations, as well as its technical qualities and the response times to consult, interrogate or transfer data and information, as well as their legal environment and that these times can always be variable.
QUARTER. DIGITAL ADVERTISING SERVICES. During the period of validity of this instrument, PUBSA will provide DIGITAL ADVERTISING SERVICES to THE CLIENT, THROUGH THE MEDIA. The sizes, attributes and positions of the MEDIA on the different screens of the DIGITAL ADVERTISING SERVICES are subject to PUBSA's policies, which THE CUSTOMER previously read and accepted in its entirety.
FIFTH. CHANGES When the DIGITAL ADVERTISING SERVICES are provided to THE CLIENT, but the latter wants to make modifications, he must notify it within 72 hours after the date on which the DIGITAL ADVERTISING SERVICES were provided. PUBSA may make up to 2 (two) minor changes in the design works that are agreed by THE PARTIES, as long as these changes do not require additional expenses, in case they are changes with a
additional expense THE PARTIES will negotiate how to pay them.
SIXTH. VALIDITY. The validity of this instrument will be according to the cover of this instrument and according to the following: FOR DIGITAL ADVERTISING SERVICES the MINIMUM FORCED PERIOD is 3 (three) months from the signing of this instrument. Once this TERM is over
MINIMUM FORCED and in the event that there has been no notification by THE CLIENT to terminate this contract, THE DIGITAL ADVERTISING SERVICES will continue to be provided in accordance with the provisions of this contract and the charge for said concept will be monthly; likewise, by passing the MINIMUM FORCED TERM, THE CLIENT may cancel the services that PUBSA provides.
SEVENTH. RATES AND COMMISSIONS.
The rates, commissions, terms and conditions in force of the DIGITAL ADVERTISING SERVICES are those that are
find in the present instrument. In the case of the GOOGLE ADWORDS product, the commissions that apply are indicated on the face of this contract, specified as follows:
PUBSA may modify the rates of the DIGITAL ADVERTISING SERVICES, informing THE CLIENT of any modification of these rates, with 30 (thirty) calendar days in advance, respecting the terms and conditions of the contracts already formalized.
EIGHTH. FORMS, MEANS OF COLLECTION AND INVOICING. The billing and payment of the consideration related to the DIGITAL ADVERTISING SERVICES, may be made by credit or debit card, bank reference, bank deposit or direct debit with a payment deadline of 30 (thirty) calendar days from Upon signing this contract, the amount to be paid as consideration for the services provided is specified on the face of this instrument, always in the account that PUBSA indicates to THE CLIENT. In the case of THE MEDIA that will be included in the DIGITAL ADVERTISING SERVICES, the payment method will be in a single exhibition, according to the payment conditions described in the previous paragraph. The billing for THE MEDIA will be made from the first day of registration of contracted domains, regarding DIGITAL ADVERTISING SERVICES will be made until the moment in which the start of the
Bell; and these invoices will only be issued in the same month of contracting and it is the obligation of THE CLIENT to provide PUBSA with the necessary data to prepare the corresponding invoice. Payments will only be recognized in referenced payment or by sending the receipt to payments @ publicidadenbuscadores. mx.
NINTH. OF THE NON-PAYMENT. In the event that THE CLIENT does not pay on time any amount that must be covered in favor of PUBSA in accordance with this contract and its cover, said amount will accrue default interest from the date of its maturity until it is paid in full, interest that will accrue monthly, which They will be paid on demand and at an annualized rate of 10% (ten percent) of the unpaid balance. When THE CLIENT does not make the corresponding consideration to PUBSA for what has been agreed in this instrument and its title page, THE CLIENT will not receive an invoice, and must appear at the commercial offices of PUBSA, to make the payment of the consideration with the corresponding interests.
TENTH. TECHNICAL ASSISTANCE AND TECHNICAL SUPPORT. PUBSA will offer THE CLIENT assistance and technical support service: Through the contact section of the website www.publicidadenbuscadores.mx, accessible directly from THE CLIENT's computer. The answer to the query is provided by email or phone call within the next 24 hours on the corresponding business day. This service provides Personalized Technical Assistance, in case of problems, with the use of MEDIA, which will be included in the DIGITAL ADVERTISING SERVICES; PUBSA for your consideration and depending on the magnitude of the situation that THE CLIENT manifests, and by request of THE CLIENT, may send Specialized Account Executives for Technical Support for: creation, administration, consultation, and publication of ADVERTISING SERVICES DIGITAL.
ELEVENTH. MAINTENANCE. PUBSA, with prior notice by email to THE CLIENT, may, without liability, interrupt the DIGITAL ADVERTISING SERVICES in whole or in part when carrying out maintenance activities on equipment and elements associated with the DIGITAL ADVERTISING SERVICES without incurring non-compliance.
TWELFTH. CESSION OF RIGHTS. THE CLIENT in no case may assign the rights and obligations derived from this contract. The ownership of the rights of access, use, exploitation, and commercialization of the DIGITAL ADVERTISING SERVICES is exclusive to PUBSA, therefore, THE CLIENT may not exploit them or transmit them to third parties in any way. THIRTEENTH. CONFIDENTIAL INFORMATION THE PARTIES are obliged to maintain absolute secrecy about all the confidential information existing during the term of the contract and its termination. Confidential information shall be understood as all information concerning your business, clients, industrial and commercial secrets, methods, processes, procedures or any other confidential information, except for information that is in the public domain or by prior written consent of the other. part.
FOURTEENTH. LIABILITY AND EXCLUSION. The information, and CONFIDENTIAL INFORMATION transmitted by THE CLIENT through the DIGITAL ADVERTISING SERVICES, will be under his sole responsibility, for which he expressly releases PUBSA, from any responsibility derived from unauthorized access, theft, damage, destruction or deviation of the information and CONFIDENTIAL INFORMATION, files or programs owned by THE CLIENT that are related in a way
direct or indirect with the DIGITAL ADVERTISING SERVICES provided by PUBSA. PUBSA will not be responsible for theft, modification, alteration, or destruction of files, by people called Hackers or Crackers who carry out invasions of privacy against THE CLIENT or third parties. THE CLIENT agrees to remove and keep PUBSA in peace and safe from any claim, demand or legal action that may be filed against PUBSA, derived from the events described in the preceding paragraphs.
FIFTEENTH. RESTRICTION ON THE USE OF DIGITAL ADVERTISING SERVICES. THE CLIENT agrees to comply at all times with the legal, regulatory and contractual provisions that regulate the provision of services, the CLIENT being strictly prohibited from marketing the DIGITAL ADVERTISING SERVICES provided by PUBSA. THE CLIENT must refrain from accessing, altering or destroying any information and specifically CONFIDENTIAL INFORMATION that is not their property and, in general, not carrying out or allowing any act against the interests of PUBSA and / or any of its clients, which may directly or indirectly affect the activities or business image of PUBSA or any of its clients. It is under the responsibility of THE CLIENT, to limit, restrict, avoid, prohibit and prevent its staff or third parties from misusing, abusing or unauthorized use of the DIGITAL ADVERTISING SERVICES, forcing itself to cover any charge, and even damages and damages caused to PUBSA derived from its breach. THE CLIENT's failure to comply with the above, empowers PUBSA, to suspend the DIGITAL ADVERTISING SERVICES, and even cancel it, without prejudice to demanding the payment of the outstanding consideration by THE CLIENT and without PUBSA incurring
breach of the provision of DIGITAL ADVERTISING SERVICES, of this contract and / or that you may be required to pay any penalty and / or compensation.
SIXTEENTH. COPYRIGHT. THE CLIENT declares that all the information that he provides to PUBSA for the fulfillment of the present contract, is his property and can dispose of it in terms of Law; For the MEDIA service, THE CLIENT accepts the use of images, texts, trademarks and other distinctive signs when authorizing their publication. By virtue of this, THE CLIENT is obliged to remove PUBSA in peace and safe from any claim, lawsuit or trial that is brought against PUBSA with motive of violation of copyright.
SEVENTEENTH. INTELLECTUAL PROPERTY AND OBLIGATIONS OF THE USE OF THE BRANDS. All intellectual or industrial rights related to the activities carried out by PUBSA related to, signs, designs, concepts, labels or emblems, as well as any type of design that THE CLIENT provides to PUBSA derived from this Contract, will be during and after the end of This Contract, the exclusive property of THE CLIENT and PUBSA, may not exercise any right over them.
EIGHTEENTH. ACTIONS AGAINST PIRACY. In the event that PUBSA becomes aware of any violation of THE CLIENT'S Industrial Property rights, it shall immediately notify the latter in writing.
NINETEENTH. SUSPENSION AND CANCELLATION OF DIGITAL ADVERTISING SERVICES. AND MEANS. In the event that THE CLIENT does not pay for the DIGITAL ADVERTISING SERVICES before the deadline described in clause nine, PUBSA will suspend the DIGITAL ADVERTISING SERVICES contracted by THE CLIENT, without prejudice to the default interest caused by the lack of payment, in relation to the services that it has requested. THE CLIENT may request, 30 days in advance, the cancellation of the DIGITAL ADVERTISING SERVICES, after communicating to the email contacto@publicidadenbuscadores.mx and express their interest in canceling the DIGITAL ADVERTISING SERVICES; with the understanding that the DIGITAL ADVERTISING SERVICES will be suspended once PUBSA has verified that THE CLIENT does not present any debts in relation to this contract: the cancellation will be settled until the moment that PUBSA sends an e-mail to THE CLIENT, which these services will be canceled. When THE CLIENT decides to cancel within the MINIMUM FORCED TERM, he must pay 20% of the total of the MINIMUM FORCED TERM, regardless of in which month within the MINIMUM FORCED TERM. If THE CLIENT cancels outside the MINIMUM FORCED TERM, he must cover the full debt that he has at the time of the cancellation. PUBSA will have the right to terminate the use of the DIGITAL ADVERTISING SERVICES contracted, at any time by simple communication sent in writing or by electronic means to THE CLIENT. PUBSA will not be responsible for the loss of data or content, as well as the contracted DIGITAL ADVERTISING SERVICES, derived from its termination. Whenever possible, PUBSA will notify THE CLIENT by email, the possible interruption of the service and the period in which it will be resumed. At the end of this Contract, regardless of the reason that originates the contracted SERVICES, names on screen and any similar rights credits derived from the use of this, will automatically end.
TWENTY. CAUSES OF TERMINATION. Any act carried out by the parties in contravention of the provisions of the preceding clauses, as well as the cases indicated in the corresponding legislation, will be causes for termination of this contract.
TWENTY-FIRST. CONTRACTUAL PENALTY. In cases where the termination of the contract is due to causes attributable to THE CLIENT or in case THE CLIENT decides to terminate this contract without causes attributable to PUBSA, the latter will have to pay as a conventional penalty equivalent to 20% of the value of this contract.
TWENTY SECOND. MODIFICATIONS TO THE CONTRACT. Modifications or additions to this contract will be made by means of a written document duly signed by the PARTIES.
TWENTY THIRD. NO CORRUPTION. THE PARTIES agree that during the execution of the contract, that neither, nor their employees or subcontractors of these, will offer, promise or give by themselves or by interposing person, money, valuables or any other gift, to any public servant, that they can constitute a breach of the law, such as theft, fraud, bribery, or drug trafficking.
TWENTY-FOUR. CALL TRACKING SERVICE PUBSA will be able to implement in favor of the CLIENT a tool for recording their incoming calls, in which all the calls received by THE CLIENT through its portal will be recorded, this service is provided with quality purposes in the service as well as Keep track of the number of incoming calls for interest in the service. The cost for this service will be included in the invoice that PUBSA delivers to the CLIENT. All the information collected will be treated and protected as Confidential Information, so PUBSA will not be able to use it, except for statistical and quality purposes for THE CLIENT. The information regarding Personal Data will be treated in accordance with the PRIVACY POLICY of THE CLIENT, PUBSA will only be in charge of personal data adhering to THE CLIENT's Privacy Policy.
TWENTY-FIFTH. ADDRESSES. The addresses established in the title of this contract will be considered as addresses to receive notifications.
TWENTY-SIXTH. VICES OF CONSENT. It is expressly agreed by the PARTIES that this Contract is concluded without violence, fraud, error, deception or bad faith of any of them, so it does not exist.
TWENTY SEVENTH. APPLICABLE LAW AND JURISDICTION. For the interpretation and fulfillment of this Contract, the PARTIES submit to the laws and courts of Mexico City, so they waive the jurisdiction that due to their present or future domicile or for any other reason that may correspond to them.