Terms of Service

TERMS OF SERVICE
Last updated: December 5, 2024
1. ACCEPTANCE OF TERMS
These Terms of Service constitute a legally binding agreement between you and As Con Make, a company operating under Colombian law. By accessing or using our website, services, products, or communicating with us through any channel including WhatsApp Business, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.
These terms apply to all users of our services, including visitors, customers, and any other users who access or use our services in any capacity. Your continued use of our services after any modifications to these terms constitutes acceptance of the updated terms.
2. DESCRIPTION OF SERVICES
As Con Make provides consulting, development, and implementation services in various business areas. Our services may include but are not limited to business consulting, project management, digital solutions development, training programs, and related professional services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
Our services are provided through multiple channels including our website, mobile applications, email communications, WhatsApp Business, phone consultations, and in-person meetings. The specific scope of services will be detailed in individual service agreements or proposals provided to clients.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
To use our services, you must be at least eighteen years of age and have the legal capacity to enter into binding agreements. If you are accessing our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.
When creating an account or engaging our services, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.
4. USER OBLIGATIONS AND PROHIBITED USES
You agree to use our services only for lawful purposes and in accordance with these terms. You are prohibited from using our services to transmit, distribute, or store material that is unlawful, threatening, defamatory, obscene, inflammatory, or otherwise objectionable. You may not use our services to infringe upon the intellectual property rights of others or to engage in any activity that could damage, disable, or impair our services.
You agree not to attempt to gain unauthorized access to our systems, networks, or data, nor to interfere with the proper functioning of our services. Any attempt to breach security measures or access restricted areas of our systems is strictly prohibited and may result in immediate termination of services and legal action.
When communicating through WhatsApp Business or other channels, you agree to maintain professional conduct and comply with applicable communication laws and regulations. Harassment, spam, or inappropriate content is strictly prohibited and may result in blocking and termination of services.
5. INTELLECTUAL PROPERTY RIGHTS
All content, materials, and intellectual property associated with our services, including but not limited to text, graphics, logos, images, software, and methodologies, are the exclusive property of As Con Make or our licensors and are protected by Colombian and international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose. This license does not include any right to reproduce, distribute, modify, or create derivative works from our content without explicit written permission. Any unauthorized use of our intellectual property may result in immediate termination of services and legal action.
Custom solutions, reports, or materials developed specifically for clients remain subject to separate intellectual property agreements as outlined in individual service contracts. Client-specific work product ownership will be addressed in the applicable service agreement.
6. PAYMENT TERMS AND BILLING
Payment terms for our services will be specified in individual service agreements or invoices. Unless otherwise agreed in writing, payment is due within thirty days of invoice date. We accept various payment methods as specified in our invoices or service agreements.
In case of late payment, we reserve the right to charge interest on overdue amounts at the maximum rate permitted by Colombian law. We may suspend or terminate services for accounts with overdue payments after providing appropriate notice. Any collection costs or legal fees incurred due to non-payment may be charged to the client.
All prices are stated in the currency specified in the service agreement or invoice. Clients are responsible for any applicable taxes, duties, or fees related to the services provided. Price changes for ongoing services will be communicated with appropriate advance notice as specified in individual service agreements.
7. SERVICE AVAILABILITY AND MODIFICATIONS
We strive to maintain continuous availability of our services but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance when possible.
We reserve the right to modify, update, or discontinue any aspect of our services at any time. Significant changes affecting ongoing client engagements will be communicated through appropriate channels including email, WhatsApp Business notifications, or direct client contact. Continued use of services after modifications constitutes acceptance of the changes.
Emergency maintenance or security updates may be implemented without advance notice when necessary to protect the integrity and security of our systems and client data.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, As Con Make shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services. Our total liability for any claim arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim.
We do not warrant that our services will meet your specific requirements or that they will be error-free, secure, or continuously available. Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
This limitation of liability applies regardless of the legal theory under which liability is claimed and shall survive the termination of any service agreement. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so these limitations may not apply to all users.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless As Con Make, its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses arising from your use of our services, your violation of these terms, or your violation of any rights of another party. This indemnification obligation includes reasonable attorney fees and costs.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with our defense of such claims. This indemnification obligation shall survive the termination of your use of our services.
10. CONFIDENTIALITY
During the course of providing services, both parties may have access to confidential information. We maintain strict confidentiality policies regarding client information and expect the same consideration for our proprietary business information and methodologies.
All communications, documents, and information exchanged during our business relationship shall be treated as confidential unless explicitly designated as public information. This confidentiality obligation extends to communications through all channels including WhatsApp Business, email, and verbal discussions.
Confidential information may only be disclosed with prior written consent or as required by law. Both parties agree to implement reasonable measures to protect confidential information from unauthorized disclosure or use.
11. TERMINATION
Either party may terminate the service relationship at any time with appropriate notice as specified in individual service agreements. In the absence of specific termination provisions, either party may terminate with thirty days written notice.
We reserve the right to immediately terminate or suspend services if you violate these terms, engage in prohibited activities, or fail to make required payments after appropriate notice. Upon termination, you must cease all use of our services and return or destroy any confidential information in your possession.
Certain provisions of these terms, including confidentiality, limitation of liability, and indemnification clauses, shall survive termination of the service relationship. Outstanding payment obligations and accrued rights and obligations shall also survive termination.
12. DISPUTE RESOLUTION
Any disputes arising from these terms or our services shall first be addressed through good faith negotiations between the parties. If resolution cannot be achieved through direct negotiation, disputes shall be resolved through binding arbitration under the rules of the Colombian Chamber of Commerce.
The arbitration shall be conducted in Spanish unless otherwise agreed by both parties, and the seat of arbitration shall be in Colombia. The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.
Notwithstanding the arbitration requirement, either party may seek injunctive relief in court to protect intellectual property rights or confidential information. This dispute resolution process applies to all claims regardless of the legal theory under which they are asserted.
13. GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of the Republic of Colombia, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the courts of Colombia.
If any provision of these terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.
14. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under these terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, government actions, war, terrorism, epidemic, internet service failures, or other force majeure events.
The affected party must promptly notify the other party of the force majeure event and make reasonable efforts to mitigate its impact. If the force majeure event continues for more than sixty days, either party may terminate the affected service agreement with written notice.
15. ELECTRONIC COMMUNICATIONS
By using our services, you consent to receive electronic communications from us through email, WhatsApp Business, our website, or other electronic means. These electronic communications satisfy any legal requirement for written communication and have the same legal effect as paper-based communications.
You agree that all agreements, notices, disclosures, and other communications we provide electronically meet any legal requirement that such communications be in writing. You are responsible for maintaining valid contact information and ensuring you can receive our electronic communications.
16. DATA PROTECTION AND PRIVACY
Your privacy is important to us, and our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
Our use of WhatsApp Business for commercial communications is subject to both our Privacy Policy and the terms of service of Meta Platforms Inc. We implement appropriate security measures to protect your personal information and comply with applicable data protection laws.
17. THIRD-PARTY SERVICES
Our services may integrate with or rely upon third-party platforms, software, or services. We are not responsible for the availability, functionality, or terms of use of any third-party services. Your use of third-party services is subject to their respective terms and conditions.
We may recommend or facilitate access to third-party services as part of our consulting engagements, but we do not endorse or guarantee the performance of such services. Any agreements with third-party service providers are solely between you and the third party.
18. MODIFICATIONS TO TERMS
We reserve the right to modify these Terms of Service at any time by posting updated terms on our website and notifying users through appropriate channels including email and WhatsApp Business communications. Significant changes will be communicated with reasonable advance notice.
Your continued use of our services after modifications become effective constitutes acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our services. We recommend reviewing these terms periodically to stay informed of any changes.
19. ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and As Con Make regarding your use of our services. These terms supersede all prior agreements, understandings, or communications related to the subject matter.
No modification of these terms shall be effective unless made in writing and signed by both parties, except for modifications made in accordance with the procedures outlined in these terms. Any conflicting terms in individual service agreements shall take precedence over these general terms for the specific services covered by such agreements.
20. CONTACT INFORMATION
For questions about these Terms of Service or any aspect of our services, please contact us using the following information:
Company: As Con Make
Email: [email protected]
WhatsApp Business: +57 310 7649391
Web Form: contacto.asconmake.com
We will respond to inquiries in a timely manner during our normal business hours. For urgent matters, WhatsApp Business may provide the fastest response time, subject to availability.These Terms of Service are effective as of December 5, 2024 and supersede any previous versions. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

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