TERMS AND CONDITIONS FOR THE PROVISION OF LEGAL SERVICES AND REPRESENTATION OF PROVIMARCAS
APPLICATION AREA
These terms and conditions are applicable to the provision of legal services offered by PROVIMARCAS in Colombia, through different channels, including digital platforms and face-to-face meetings. CLIENTS who access these services, either through the digital platform or by participating in face-to-face meetings, are subject to the provisions set forth herein. This scope covers all persons who contract the legal services offered by PROVIMARCAS in Colombia, regardless of the means used to access such services.
ABOUT PROVIMARCAS
PROVIMARCAS. is a company incorporated under the laws of Colombia, with tax identification number 811.012.440-1 (NIT), domiciled in the city of Medellin, Antioquia, at Calle 32D #80B-12 and contact email servicliente@provimarcas.com.
DEFINITIONS
In addition to the words defined in these terms and conditions, all of the following words shall have the meanings ascribed to them below:
Platform or Website: Refers to the website, application or computer development, regardless of its name, owned by PROVIMARCAS, through which information about the services or we will be providing services through. The name of the Website, its format and operation may vary as PROVIMARCAS deems appropriate.
CLIENTS: This refers to you and visitors to the Website, as well as to potential/CLIENT of PROVIMARCAS' services, even if they have not registered and wish to use the Website to search, contact and/or request PROVIMARCAS' services,
or have expressed their intention or interest in contracting PROVIMARCAS' services.
Services: These are the services offered by PROVIMARCAS related to the legal advice provided to the CLIENT, as well as those other procedures related or complementary to them. For these purposes, PROVIMARCAS
may subcontract or hire third parties for the provision of services, under any type of legal modality.
Promotions: refer to incentives, including discounts and offers, that are published on the Platform or reported through any PROVIMARCAS communication channel, with the aim of increasing the purchase or sale of services.
DESCRIPTION OF THE LEGAL SERVICES OFFERED BY PROVIMARCAS THROUGH VARIOUS MEANS INCLUDING THE www.provimarcas.com PLATFORM
Below is a description of the services offered by PROVIMARCAS, as well as the aspects associated with the service and its scope:
Information and/or content services: These services consist of the provision of information and content through digital platforms to people with access to it. By example, and not limited to these, the following are included:
- Press articles containing news of common or general interest of any kind.
- Articles prepared by PROVIMARCAS' editorial team or by third parties, which address events and trends related to services and the legal industry, among other topics.
- Presentation of photographs and graphic designs.
- Reproduction of music and/or videos of various contents, for entertainment and/or educational purposes.
- It is important to note that the information and materials provided on the Digital Platforms do not constitute legal advice, and the CLIENT/USER should not make decisions based solely on such information or materials or consider them as substitutes for legal advice for specific cases. PROVIMARCAS does not assume responsibility before the USER/CLIENT for the content of the websites linked from this page, nor for the content of those to which the links contained in this page lead.
Payment collection services or payment gateway through www.provimarcas.com: These services consist of the receipt of payments made by the CLIENT through online platforms of specialized providers contracted by PROVIMARCAS. These platforms may or may not be integrated into the main Platform. They allow the use of means of payment such as bank debit (PSE). Collection services also include the function of traceability, monitoring and validation of transactions through anti-fraud modules enabled on the integrated platforms. The purpose of these modules is to minimize the risks and losses associated with electronic fraud.
Legal services:These refer to the services provided by PROVIMARCAS in relation to legal advice directly, according to the requests and needs of the CLIENT. These services may include, but are not limited to, trademark applications, issuance of legal concepts on intellectual property rights, representation in criminal proceedings, and representation in intellectual property conciliation proceedings.
Customer service services: These consist of receiving, managing and resolving requests, complaints and claims made by USERS/CUSTOMERS, and which are related to the purchase of services offered by PROVIMARCAS.
These services are provided directly by PROVIMARCAS through servicliente@provimarcas.com email and the telephone line 574-2500402.
Coverage Areas: The coverage area of the services mentioned above is the territory of the Republic of Colombia. However, this coverage may be modified in exceptional cases and at the discretion of PROVIMARCAS.
GENERAL CONDITIONS FOR CONTRACTING LEGAL SERVICES
Purpose: Exclusively in relation to legal services, by accepting these terms and conditions in any of their modalities, PROVIMARCAS undertakes to provide the CLIENT with the legal services that they have requested or contracted, according to any package, rate plan or in accordance with the provisions of the respective service offer. The services offered by PROVIMARCAS may include a wide variety of activities related to the practice of law, including, but not limited to:
- Consulting: Refers to those issues that require legal knowledge, in which PROVIMARCAS provides the CLIENT with advice and guidance, without acting as the CLIENT's legal representative or attorney-in-fact in any case. Consulting services include, among others, the drafting of contracts and legal documents, accompaniment in the preparation of corporate structures, advice on regulatory issues and analysis of specific legal situations that do not involve the representation of the CLIENT.
- Representation: Refers to situations in which PROVIMARCAS, through its Legal Director, acts as representative or attorney-in-fact of the CLIENT, whether before judges, arbitration tribunals, conciliators, friendly compositors or any other public or private entity.
Best Efforts:It is crucial for the CLIENT to understand that the law prohibits guaranteeing results in the actions we take when providing legal services. However, PROVIMARCAS strives to provide quality advice. This implies that in no case can we guarantee the success of our efforts, since it is conditioned by a series of factors that may be beyond our control.
Case Booking: PROVIMARCAS reserves the right to accept or reject the provision of a legal service requested by the USER/CLIENT, at its sole discretion, therefore, any initial inquiry about a legal situation of the USER/CLIENT, whether in person or remotely, does not imply that PROVIMARCAS. has agreed to initiate the provision of the services.
Only when an offer of services has been sent and it has been accepted and paid for by the USER/CLIENT, it will be understood that PROVIMARCAS. undertakes to provide the services that are the subject of said offer.
Preliminary consultations: In order to adequately define the needs of the USER/CLIENT, and to establish an appropriate scope and cost, PROVIMARCAS. may carry out, at the request of the USER/CLIENT or on its own initiative, preliminary consultations or inquiries. These can be derived from questions asked in person, over the phone or virtually, and even through forms created by PROVIMARCAS. In these cases, any request for information shall be of a preliminary nature, and PROVIMARCAS. reserves the right to present conclusions or advice to the USER/CLIENT until the USER has delivered, or PROVIMARCAS. has received all the relevant information necessary to carry out an adequate provision of the service. Any initial diagnosis of the general or particular situation of the USER/CLIENT is made solely for the purpose of better understanding their needs. Therefore, no statement in these cases should be construed as legal advice or a substitute for it. It is important that PROVIMARCAS. has all the elements of judgment and analysis to issue a well-founded, reasonable and accurate opinion.
Reciprocal collaboration: For PROVIMARCAS, the cooperation and willingness of the USER/CLIENT are essential to offer excellent legal advice. Our goal is to establish a collaborative relationship. where we are allies in your business.
To achieve this, it is essential that the USER/CLIENT provides us with all the required information in a timely manner and in accordance with the particular circumstances of each situation. Because we provide personalized legal services, your involvement is critical.
Lack of cooperation on the part of the USER/CLIENT may have a negative impact on the management carried out, regardless of the nature of the matter.
Specific conditions of certain packages, plans or services: PROVIMARCAS. may create and make available to USERS/CLIENTS different packages or rate plans, the content, scope and special conditions of which will be communicated to USERS/CLIENTS through digital platforms, in written format, through specific terms or conditions, or any other means that PROVIMARCAS deems appropriate. In addition, for certain services, additional conditions may be agreed for the provision of the service, which will be communicated to the USER/CLIENT before contracting the services, by any means that PROVIMARCAS deems. appropriate, including service offers sent to the USERS/CLIENTS. In the event of a contradiction between these terms and conditions and the provisions of the terms and conditions of the packages, rate plans or service proposals, the provisions of the service proposal shall prevail.
Travel expenses, costs and expenses: The CLIENT is responsible for making the payment to PROVIMARCAS for all concepts related to travel expenses, procedures, fees, fees or any other expense or cost that is reasonably necessary for the provision of the services contracted by the USER/CLIENT.
Revocability of representation: In cases where PROVIMARCAS acts as the CLIENT's representative, the latter may, for any reason and at any time, notify PROVIMARCAS of its intention to terminate the representation. However, in such cases, the CLIENT will not be entitled to a refund of the services that have been paid for or generated up to the date of the notice of revocation, except in cases where the refund is legally provided. For its part, PROVIMARCAS reserves the right to renounce the representation of the CLIENT if there are reasonable grounds that lead to consider that the client has provided false information, has concealed relevant information, has repeatedly failed to comply with its obligation to collaborate, has acted unfairly or has violated any other obligation established in these terms and conditions. or in any other agreement entered into with the CLIENT, including commercial offers. This will apply without prejudice to the sums that the CLIENT and PROVIMARCAS owe each other for any contractual or legal reason, which may be compensated in accordance with the provisions of the law.
Delivery timesThe deadlines agreed between PROVIMARCAS and the client will be defined specifically for each case, according to the needs and particular characteristics of the contracted service. Such deadlines may be the subject of negotiation and prior agreement between the parties, and must be stipulated in writing in the corresponding contract. It is clarified that, in those cases in which compliance with the agreed deadlines depends exclusively on public or private entities outside PROVIMARCAS, they will not be considered as part of the responsibility of PROVIMARCAS.
Paragraph: Delivery times will begin to run once the customer has provided all the necessary information to start, carry out and complete the purchased service.
Special conditions compared to deliverables resulting from consultanciesit is possible that, due to the nature of the service, it is necessary for the CLIENT, or a third party designated by the same, to carry out reviews and, if applicable, make comments, suggestions or express doubts. PROVIMARCAS will provide a response to such observations, comments, suggestions or doubts, provided that they are related to the matter contracted and object of the services, and do not substantially modify the scope defined for the advice. The concealment of relevant information may imply that PROVIMARCAS refuses to provide a response to such comments, suggestions or doubts, without this implying a breach of its obligations.
Now, the client will be able to submit their observations within a maximum period of 3 business days in the case of the submission of applications for distinctive signs to the Superintendence of Industry and Commerce, and 5 business days in the case of other deliverables such as contracts, policies, manuals, minutes and legal concepts. For the other services offered by PROVIMARCAS, the conditions established in the contract for the provision of legal services will apply, in accordance with the will of the parties.
If after the aforementioned period no comments are received from the client, it will be understood that the client has accepted the deliverable, and, consequently, it will be at the will of PROVIMARCAS to respond to any query, comment, question, request or observation that the client makes after said period in relation to the corresponding deliverable.
Calls: All teleconferences and telephone calls will be previously coordinated between PROVIMARCAS and the USER/CLIENT at the agreed times. PROVIMARCAS may record the calls or video calls held with the USER/CLIENT only to ensure the proper fulfillment of the Services and for the purposes established in the personal data processing policy.
Remote and face-to-face servicesPROVIMARCAS offers its services in some cases remotely, through the use of technological tools, as well as in face-to-face meetings in our offices. Exceptionally, and considering the characteristics and nature of the service, trips and meetings in person may be scheduled by PROVIMARCAS and its team. However, the costs and expenses associated with any face-to-face meeting with the USER/CLIENT are not contemplated within the scope of the services and, therefore, must be covered by the USER/CLIENT, following the procedure indicated by PROVIMARCAS.
Reports on the serviceThe USER/CLIENT has the right to be informed at all times about the status of the service, and, therefore, may make respectful queries to PROVIMARCAS through the channels established for this purpose at the beginning of this contract. PROVIMARCAS will respond within a commercially reasonable period of time to the questions asked by the USER/CLIENT, taking into account the nature and complexity of these.
In any case, PROVIMARCAS will keep the USER/CLIENT informed about any relevant news or update related to the service.
Services required by minors: PROVIMARCAS is committed to facilitating access to legal services to the community in general, regardless of their conditions or characteristics. This implies that minors can approach professionals in the legal industry to ask questions or request legal services. However, PROVIMARCAS reserves the right to provide any service to minors and to request the corresponding authorizations from their legal representatives for the contracting of PROVIMARCAS' services. PROVIMARCAS.
Professional secrecyAll communications between the USER/CLIENT and PROVIMARCAS during the provision of legal services are protected by attorney-client professional secrecy. Therefore, PROVIMARCAS is legally obliged to keep the USER/CLIENT's information confidential, except in the exceptional cases permitted by law.
CUSTOMER ENGAGEMENT PROCESS
In order to use the services of the Platform or request legal services, USERS/CLIENTS must complete the registration process and comply with the following rules:
General Terms and Conditions for the USERS/CUSTOMERS Linking
For the enrollment of new clients, the following documents will be required:
- Single Tax Registry (RUT) in force.
- In some specific cases, the current Single Register of Beneficial Owners (RUB) may be requested.
- Existence and Legal Representation Certificate of the entity or company, issued by the competent entity.
These requirements are essential for the establishment of the contractual relationship between both parties and the initiation of any type of service or transaction.
USERS/CLIENTS will guarantee and be responsible, in any case, for the veracity, accuracy, validity and authenticity of the information they provide.
In any case, PROVIMARCAS may require at any time, the information it deems necessary to verify the accuracy, veracity, validity and authenticity of the information provided.
USERS/CLIENTS will be liable for any damage, harm or inconvenience generated by the provision of false, erroneous and inaccurate information.
If the personal information of the USERS/CLIENTS presents any change that affects any of the services offered by PROVIMARCAS, the USERS/CLIENTS must update it through the means provided for this purpose.
Everything related to compliance with the regulation on the processing of personal data will be governed by the PROVIMARCAS personal data processing policy.
Grounds for refusal, suspension and/or disqualification from termination of services
PROVIMARCAS S.A. reserves the right to refuse, suspend and/or disable the provision of services in the following cases:
- Failure by the customer to comply with the obligations set out in the relevant contract.
- Violation of applicable laws and regulations by the customer.
- Customer conduct that adversely affects the reputation or operation of the business.
- Provision of false or misleading information by the customer.
- Unforeseen circumstances that prevent the adequate provision of services.
The Company will notify the customer in writing of any decision to refuse, suspend, disqualify or terminate services, detailing the reasons and providing a reasonable period of time for the customer to take the necessary action, where appropriate.
OBLIGATIONS OF USERS/CUSTOMERS
USERS/CLIENTS are obliged to comply with all the obligations expressed in these terms and conditions, as well as those determined in other documents, including, but not limited to, other contracts that are entered into with PROVIMARCAS, purchase orders and the personal data processing policy. In addition to these obligations, USERS/CLIENTS will have the following obligations:
- Obligations of USERS/CLIENTS in general
- To speak PROVIMARCAS staff and its commercial partners with respect.
- Provide truthful, accurate, current, and authentic information regarding the case submitted to PROVIMARCAS for consideration, and regarding its identity.
- Update the information provided regarding its identity.
- Read and fully understand these terms and conditions, including their updates and modifications.
- Refrain from using PROVIMARCAS' services to publish, promote or transmit illegal, abusive, defamatory, threatening, harmful or discriminatory material or content.
- Refrain from transmitting, publishing or promoting material or content that encourages any conduct that may constitute a crime or that may generate any type of liability of PROVIMARCAS, in accordance with applicable laws.
- In the event that you want to claim the guarantee of a service, comply with the conditions defined by law or those determined by PROVIMARCAS.
- Read and fully understand the complete description of the services offered by PROVIMARCAS.
- Request information from PROVIMARCAS on the scope and risks inherent to the service provided.
RATES
The rates of the services offered by PROVIMARCAS will be determined in rate plans or fees that will be offered to USERS/CLIENTS, will be informed through PROVIMARCAS' sales advisors or may be established in the service proposals sent by Us. Such rates may be updated regularly, depending on market conditions and at the discretion of PROVIMARCAS, with USERS/CUSTOMERS being previously informed of any change.
BILLING, COLLECTION, TAXES AND PAYMENT
Invoicing: Invoices for the services provided by PROVIMARCAS will be issued once the payment of the service is made by the CLIENT, or at the discretion of PROVIMARCAS depending on the type of service provided.
Collection: Invoices will be sent by email to the one provided by the client, usually registered in the RUT single tax registry, or the one designated by the client for this purpose.
Taxes: The USERS/CUSTOMERS will be responsible for the value added tax or sales tax (VAT) charges that are generated by the services, regardless of the service chosen. In addition, the USERS/CLIENTS will be responsible for making the withholdings that, by law, should be applied to PROVIMARCAS for the provision of the services.
PETITIONS, COMPLAINTS, CLAIMS AND SUGGESTIONS (PQRS)
Requests, complaints, claims and suggestions regarding the services of the Application will be ruled by the following provisions:
Assistance Services. The USERS/CLIENTS may make their claims for technical defects in the provision of the service or for any other causes. Technical assistance will be provided via email servicliente@provimarcas.com
Attention to Complaints. The USERS/CLIENTS or a third party on their behalf, upon identification, once the USERS/CLIENTS may submit their direct complaints free of charge to the e-mail servicliente@provimarcas.com. The complaint may be submitted in written or verbal form. PROVIMARCAS will issue the response to the complaint within fifteen (15) business days from the date of receipt of the complaint.
RESPONSIBILITY OF PROVIMARCAS
PROVIMARCAS does not recognize or accept any responsibility for damages and/or losses to a USER/CLIENT and/or a third party caused directly and/or indirectly by a central computer system failure of PROVIMARCAS or any of its components; delays, losses, errors or omissions arising from the failure of any telecommunications system or any other data transmission system and/or suspensions of the supply of the Services caused by technical or operational failures beyond our control, or those beyond our control, such as power outages, computer attacks, failures in computer equipment or software, or in general due to events of strange cause.
If the participation of the USER/CUSTOMER in the Services is interrupted by any failure in the telecommunications system or computer system of the USER/CUSTOMER that prevents them from continuing to use the Services, PROVIMARCAS will adopt reasonable measures to guarantee continuity in the provision of the Services. Service, if possible.
ACCEPTANCE OF TERMS AND CONDITIONS
By registering as a client or using the services of PROVIMARCAS through the Platform or by any other means, the USER/CLIENT declares that they know, accept and be bound by these terms and conditions and comply with the legal requirements that enable them to access the contracting of services within the current regulations framework.
The use of the functionalities included in the Platform by the USERS/CUSTOMERS implies acceptance of these terms and conditions. If any USER/CUSTOMER disagrees with any of the elements contained in the terms and conditions, they must stop using the Platform or cancel the service.
These terms and conditions constitute a legally binding agreement between the USER/CLIENT and PROVIMARCAS.
PROVIMARCAS may make updates and changes to these terms and conditions, both in their appearance and in their characteristics, and this may be changed or modified to the extent that new functions, products or features and the access conditions are developed at any time, without this meaning additional commitment to those established here on the PROVIMARCAS part nor that any type of damage can be alleged due to the modification. If the USER/CLIENT continues to use the services, after the terms and conditions have been modified, it will be understood that they have accepted said modifications. If the USER/CUSTOMER does not agree with the modifications to the terms and conditions, they may request the cancellation of their services. In these cases, refunds will only be made for services whose provision has not started.
PROVIMARCAS will publish the updates made on the Platform or by any other means it considers appropriate.
All contents, elements and information of this Website, including all text, formats, images, music, brands, logos, banners, trade names, sounds, graphics, videos, animation, and other materials on this Website (the “Contents ") are property of PROVIMARCAS. Some of the Contents are protected by industrial and intellectual property laws. Any unauthorized use of the Website that violates the industrial property and intellectual property rights of PROVIMARCAS or third parties may imply the initiation of the corresponding legal actions by the rights holders. Access to or use of this Website and other digital platforms will not imply in any way the granting or denial of any license, concession or right of use over any of the brands, names, logos, designs or Contents protected by intellectual property rights. or industrial of PROVIMARCAS or any third party, as appropriate.
LEGISLATION APPLICABLE TO THE SERVICES
Both, the Platform and the services offered by PROVIMARCAS are regulated by the laws of the Republic of Colombia and any difference will be resolved by the ordinary Colombian jurisdiction.
HYPERLINKS TO OTHER WEBSITES AND COOKIES
The Platform may contain hyperlinks to third party websites that PROVIMARCAS deems appropriate. However, the USER/CLIENT declares to understand that PROVIMARCAS is not responsible for the content of any of the websites to which said links are directed. PROVIMARCAS provides these hyperlinks for the convenience of its USERS/CUSTOMERS and does not endorse the companies or the contents of any of the sites to which said hyperlinks are directed.
The Application uses cookies. By using the Application, USERS/CLIENT authorize the use of cookies. Cookies are files sent by web servers to web browsers, and stored on the USER/CLIENT system. Information is sent back to the server each time the browser requests a page from the server. This allows a web server to identify and track web browsers. There are two main types of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, while permanent cookies remain stored on your computer until they are deleted, or until they reach their expiration date.
PROCESSING OF PERSONAL DATA
With the acceptance of these terms and conditions, PROVIMARCAS is authorized to collect, use and process the personal data contained therein and those that may be provided or collected in the future, for the purposes and under the terms described in the PROVIMARCAS Personal Data Processing Policy, which is available on the website www.provimarcas.com