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Terms and conditions of use and electronic commerce

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This English version is a courtesy translation. If there is any discrepancy, the Spanish version prevails.

1. Express acceptance through a click-wrap model

Access to, use of, registration on or contracting of services through the Cifradia website is completed strictly under the explicit acceptance model (click-wrap). Tacit acceptance by mere browsing (browse-wrap) is expressly excluded. The user’s consent must be express, unequivocal and verifiable by actively ticking checkboxes or confirmation buttons (“I accept the Terms and Conditions”) before submitting any form or making payments.

The website use rules in section 4 apply to every visitor, whether or not they have accepted these terms. Crawling allowed by the website’s robots.txt file is not considered automated mass data extraction.

In compliance with Colombian electronic commerce law:

  • Trade name: Cifradia.
  • Interim responsible party: Juan Sebastián Abello.
  • NIT / Identification: being issued by the DIAN.
  • Domicile and address for legal notices: Calle 64C # 68B-97, Bogotá D.C., Colombia.
  • Phone: +57 319 582 1804.
  • Official email: contacto@cifradia.com.

In compliance with the paragraph of Article 50 of Law 1480 of 2011, the footer of our website has a visible, direct link to the official website of the Superintendence of Industry and Commerce (SIC): www.sic.gov.co.

4. Permitted use and intellectual property

  • Use of the website: using the website for unlawful activities, denial-of-service attacks, automated mass data extraction (scraping) or alteration of the source code is prohibited.
  • Intellectual property: Cifradia retains exclusive ownership of its trademarks, logos, content, methodologies and proprietary software components. Intellectual property or usage licenses over final deliverables custom-built for clients will be governed by the specific clauses of the formally approved contract or commercial proposal.

Under Articles 42 and 43 of Law 1480 of 2011 (Consumer Statute), clauses that exempt the provider from liability or remove the legal warranty are ineffective by operation of law.

Cifradia guarantees that its services will be provided with quality, suitability and technical professionalism according to the agreed specifications. Any limitation on indirect damages or loss of profits will apply to the maximum extent permitted by Colombian law, without restricting the non-waivable legal warranty that applies by law.

6. Refunds, exceptions to the right of withdrawal and payment reversal

A. General exclusions on payments and handling of money

  1. Authorized payment methods: the website does not process payments. Cifradia receives payment for its services only by bank transfer to the accounts stated in writing in the proposal, contract or invoice. Domain Feed API subscriptions are paid through Paddle.com, online reseller and Merchant of Record, under the API terms of use.
  2. Exemption for cash or external events: Cifradia does NOT receive cash directly and accepts no liability for losses, theft, robbery, misplacement, force majeure or acts of God suffered by the client or third parties before or after any transaction.

The client acknowledges and accepts that the five (5) business day right of withdrawal will NOT APPLY under any circumstances in the following cases, under items 1 and 3 of Article 47 of Law 1480 of 2011:

  • Personalized or custom services: software development, cloud architecture, API integration or cybersecurity audit contracts prepared according to the client’s technical specifications or particular requirements.
  • Services already started: services whose delivery, deployment, provisioning or configuration has started with the client’s explicit consent before the five (5) business day period expires.
  • B2B (business) transactions: contracts with legal entities or merchants where the service becomes part of their main economic activity, which are primarily governed by the Colombian Commercial Code.

C. Strict limits on payment reversal (Art. 51, Law 1480 of 2011 and Decree 587 of 2016)

Payment Reversal will apply ONLY to Cifradia’s electronic commerce transactions made with electronic payment instruments, subject to the following strict rules. For Domain Feed API subscriptions, whose Merchant of Record is Paddle, it is requested from Paddle and from the issuer of the payment instrument, under section 13 of the API terms of use.

  1. Exhaustive grounds: it will apply only when the claim is based on: (i) fraud or impersonation in the use of the electronic payment instrument, (ii) an unrequested transaction, (iii) a paid service that was not provided, or (iv) a defective service under the legal warranty.
  2. Express exclusion of cases not covered: events unrelated to the electronic transaction (such as physical theft of cash, personal disputes between partners, the client’s liquidity problems or disagreements over requirements not included in the contracted scope) do NOT constitute electronic fraud and give no right to a payment reversal.
  3. Procedure: the client must file a written complaint at contacto@cifradia.com within five (5) business days after becoming aware of the electronic irregularity, providing the corresponding evidence and notifying the issuer of the payment instrument at the same time.
  4. Protection against false or bad-faith claims: under the final paragraph of Article 51 of Law 1480 of 2011, if the Superintendence of Industry and Commerce (SIC) or the competent authority determines that the user acted in bad faith or filed a false or unfounded reversal request, the authority may fine the user up to fifty (50) current monthly legal minimum wages (SMLMV), without prejudice to Cifradia’s right to charge the transaction amount again permanently and to sue for damages.

7. Governing law and jurisdiction

These Terms and Conditions are governed by and interpreted under the laws of the Republic of Colombia. Any dispute will be submitted to direct settlement mechanisms or to the ordinary courts or the Superintendence of Industry and Commerce of Colombia.