TERMS AND CONDITIONS OF SERVICE - ACV SYSTEM
This document regulates the commercial relationship between ACV SYSTEM (hereinafter, «The Agency») and the Client. By contracting our infrastructure, development or automation services, the Client accepts the terms described herein.
Scope of the Digital Ecosystem
ACV SYSTEM provides a comprehensive solution for Web Provisioning and Automation, designed to form a functional digital ecosystem for the end customer. This includes:
Infrastructure: Traditional hosting, Cloud solutions and high availability VPS servers.
Web supply: Platform deployment, digital asset management and technical maintenance of web environments.
Automations: Implementation of workflows, integration of APIs (accounting, payments, CRM) and automated response systems.
Engineering and QA: Performance optimization (WPO) and quality assurance in digital processes.
2. Intellectual Property and Service Model (SaaS)
Licensing Model: By default, the services, tools and automations are provided under the modality of Software as a Service (SaaS) or license of use. The intellectual property of the developments, scripts and configurations of the ecosystem belongs to The Agency, granting the Client an exclusive right of use while the service is active.
Contract Exceptions: Any transfer of intellectual property or delivery of source code must be explicitly agreed in a separate consulting or custom development contract.
Own tools: Server optimization methodologies and architectures are the exclusive property of ACV SYSTEM.
3. Hosting and Cloud Provisioning Conditions
Administration: The Agency is responsible for the supply and technical management of the infrastructure. The Client is prohibited from using it for illegal activities or sending unauthorized mass mailings (SPAM).
White Label: The service is delivered under white label standards to protect the Client's authority. The Customer is responsible for first level communication and support with its own end users.
Continuity of Service: While a robust infrastructure is guaranteed (99.9% uptime), continuity depends on timely payment of licenses and ecosystem renewals.
4. Data and Ecosystem Responsibility
Backups: Although The Agency implements redundancy measures, the Client is ultimately responsible for backing up its business information.
Third Party Ecosystem: The Agency is not responsible for failures in integrated third-party services (e.g. payment gateways, external accounting systems or third-party APIs) that are part of the digital ecosystem, although it will provide the necessary support to try to re-establish the connection.
5. Billing Cycle and Suspension
Payments: Web delivery and digital ecosystem services are billed in advance.
Suspension: Failure to pay will result in the automatic suspension of the entire ecosystem (hosting, emails, automations and platforms). The Agency is not responsible for the interruption of the Client's business processes due to late payments.
Reconnection: Reactivation of suspended services may be subject to an additional administrative fee.
6. Optimization Guarantee (WPO)
The Agency ensures the implementation of best practices in the following areas Web Performance Optimization (TTFB, LCP, etc.) at the time of delivery. Subsequent modifications made by the Customer or third parties that degrade performance are not covered by the initial warranty.
7. Limitation of Liability
The Agency acts as a technology and supply provider. We shall not be liable for economic losses, lost profits or damages arising from the misuse of the ecosystem by the Client or for security vulnerabilities in applications not updated by the Client.
8. Modifications and Jurisdiction
These terms may be updated to adapt to new technologies or regulations. Any legal dispute will be resolved under the laws of the Republic of Colombia.