TERMS FOR HOURLY RATED SERVICE
The Software Development and Consultancy Services offered by ACTIVISUAL S.A.S - NIT 900373711-3 or by JOSÉ ARTURO CANO MELANI - CC14607555, both referred hereafter as "ACTIVISUAL", are subject to the following Terms and Conditions. Who acquires or requests such services - referred hereafter as "CUSTOMER" - agrees and accepts the following conditions:
1. PURPOSE OF THIS DOCUMENT. Define the terms under which ACTIVISUAL will provide a specific number of work hours to the CUSTOMER in order to perform Software Development or Consultancy activities not bound to any specific result.
2. FEE. The CUSTOMER will pay ACTIVISUAL the fee indicated in the corresponding QUOTE, for each hour - or fraction of hour - of effective work that ACTIVISUAL dedicates to the activities requested by the CUSTOMER according to the ACTIVITY REPORTS. The fraction (in minutes) will be payed proportionally at the same fee. The fee can be changed at any time by ACTIVISUAL as long as such changes do not affect the fee of the APPROVED HOURS. The prices and monetary values mentioned in the QUOTE do not include any taxes.
3. QUOTE. The quote is any official document generated by ACTIVISUAL where it documents a requirement and the estimated costs for solving it, indicating optimistic time, pessimistic time and warranty limit.
4. ACTIVITY REPORTS. ACTIVISUAL will send reports indicating date, duration and detail of the performed activities. The CUSTOMER commits himself to pay the agreed fee for the worked time as reported by ACTIVISUAL in these reports.
5. APPROVED HOURS. For each requested activity, the CUSTOMER can establish a maximum number of authorized hours. If such a number is not established, the number used for this purpose will be the pessimistic time as specified in the QUOTE or whatever cost estimation that had taken place. In the absence of the later, ACTIVISUAL will establish the number of approved hours by it´s own criteria and will let the CUSTOMER know this number in the next ACTIVITY REPORT.
6. FREE ACTIVITIES. The only activities that are neither reported or charged for, are those of cost estimation for new projects or requirements. On the contrary, all activities of technical analysis, telephonic support and solution of technology related questions, will be reported and charged under the terms of this contract.
7. WARRANTY. The warranty consists in totally or partially voiding the reported worked time when the CUSTOMER makes an OPPORTUNE CLAIM and at least one of the following conditions is met:
The reported activity is not related to a request made by the CUSTOMER.
There is significantly harmful negligence in the performance of the activity.
The reported activity does not correspond to the activity that was actually performed.
The reported time exceeds the number of APPROVED HOURS for the activity.
The activity was harmfully performed by people without proper training, ability or experience.
If the total accumulated hours exceed 3 times the pessimistic time indicated in the QUOTE. Under this condition up to 50% of the actually payed hours can be voided.
CLARIFICATION: Voided reported time does not require payment by the CUSTOMER.
8. OPPORTUNE CLAIM. The CUSTOMER will have at most 15 working days after the delivery of each ACTIVITY REPORT to make a WARRANTY claim on the reported activities. Once this time has passed, no claims will be accepted.
9. BILLING. The reported hours that are pending payment, will be billed on the 15th and the last working day of each month including hours worked in projects that have not yet been completed by that date. Projects with a duration of less than 10 hours will be billed on delivery.
10. AVAILABILITY. In case the approved hours for an activity are exhausted and more hours are approved, ACTIVISUAL will make the best possible effort to assign the additional hours as soon as possible, but immediate availability is not warrantied.
11. FREE TRANSPORTATION. The provided service includes the possibility of free transportation to the offices specified by the CUSTOMER in Bogotá (Colombia) for working sessions of at least 3 hours. For shorter sessions that are requested by the CUSTOMER, a transportation fee of $30.000 COP is applicable per visit.
12. INTELLECTUAL PROPERTY. All intellectual products created by ACTIVISUAL as part of the activities, belong completely and exclusively to the CUSTOMER, understanding that ACTIVISUAL keeps the right to make public it´s participation (and that of the assigned personnel), in the creation of such products. This excludes products that are property of third parties, products that have been created previously, and products created with a different purpose than that requested by the CUSTOMER.
13. COMMUNICATION. The CUSTOMER agrees to assign at least one person of contact that will be completely informed about the project, will have the technical knowledge and the availability required to review in proper time the progress made in the activities and give continued feedback to the people working in the activities.
14. INITIAL PAYMENT. ACTIVISUAL can establish as a requisite the payment in advance of up to 50% of the pessimistic estimated time for the activities requested by the CUSTOMER. The CUSTOMER can purchase third party services or products through ACTIVISUAL for which he will pay a 15% fee above the value of the product or service plus the time spent by ACTIVISUAL in the process.
15. RESPONSE TIME WARRANTY. The CUSTOMER can claim 30 minutes of free support or development service for every request made through email or chat in the case that ACTIVISUAL takes more than the guaranteed time to answer that request according to the active support plan.
16. VALIDITY. These terms are valid starting at the time when the CUSTOMER authorizes ACTIVISUAL to proceed with an specific activity.