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GLOBALSOFT STANDARD TERMS AND CONDITIONS OF SALE

1. ACCEPTANCE OF TERMS

The use of this website, as well as any of its functionalities or applications, constitutes the full and express consent of the user to observe and comply with these Terms and Conditions of Use and Sale, as well as the privacy policies, security policies, and any other documents governing the user's participation on the site www.globalsoft.com.mx (hereinafter, the "Site").


A user is considered to be any person who accesses or uses the Site through a computer, mobile device, software, or any electronic communication means (hereinafter referred to as the "User"). The User agrees not to use devices, programs, or any other means intended to interfere with the activities and/or operations of the Site as well as its databases, content, or any information contained therein.


If any of the terms set forth herein are contrary to the User's interest, the User must refrain from using the Site and/or contracting the services offered by GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. (hereinafter referred to as the "Company" or "GlobalSoft").


The hiring, acquisition, or use of any of the services offered through the Site implies the full, conscious, and unconditional acceptance by the User of these Terms and Conditions, prevailing over any prior agreement, whether verbal or written, including the User's own terms or conditions, even if communicated subsequently.


GlobalSoft reserves the right to make modifications or updates to the content of the Site, as well as to these Terms and Conditions, at any time and without prior notice. The continued use of the Site by the User constitutes their tacit acceptance of such modifications.


2. USE OF THE SITE AND SCOPE OF SERVICES

Accessing or using the Site implies the User's total and unconditional acceptance of these Terms and Conditions. Through the Site, the User will be able to access, contract, and/or use various services and materials (hereinafter referred to as the "Services and Contents") that GlobalSoft makes available.


GlobalSoft shall have the right, at its sole discretion, to deny, restrict, or condition the User's access to the Site, whether in whole or in part, as well as to modify the Services and Content at any time and without prior notice.


The User acknowledges that:

Not all Services and Content are available in all geographic regions.

Some Services and Content may require activation, registration, or prior payment for access.

The availability of the Site and its functionalities may vary according to technical, operational, or maintenance factors, without implying any obligation of continuity, updates, or constant availability on the part of GlobalSoft.

GlobalSoft will not be responsible for any damages, losses, or injuries of any kind resulting from the unavailability or interruption of the Site or the Services and Content.

 
2.1 General Scope of Services

The services offered by GlobalSoft through the Site may include, among others:


2.1.1. Technical support and corrective maintenance services:

Under the terms and conditions of the corresponding contract, GlobalSoft may provide technical support services regarding applications previously developed by third parties, limited exclusively to addressing incidents, outages, or requirements related to the operation of existing systems. GlobalSoft will not be responsible for the original development, design, coding, or initial implementation of such applications. Any additional requirements, such as new functionalities, structural modifications, or integrations, will be subject to independent quotation and contracting.


2.1.2 Software Development Services:


GlobalSoft will be able to design, develop, and implement customized technological solutions, including analysis, architecture, coding, testing, and deployment of new applications, according to the specific requirements of the User. These services will be governed by their own contractual terms and do not form part of the basic support. 

2.2 Individual use and restrictions

The User is solely responsible for the use they make of the Services and Content, committing to use them in accordance with the permitted functionalities, applicable laws, morality, public order, and these Terms and Conditions. Consequently, the User shall refrain from:

●  Reproduce, distribute, modify, or commercialize the Services and Content without prior authorization.

●  Use the Site or its contents for illegal, fraudulent, or socially unacceptable purposes.

●  Interfering with the operation of the Site, through any device, software, or alteration technique. The Site is intended exclusively for the individual use of the User. Its use for resale or commercial exploitation is prohibited without the express written consent of GlobalSoft.


2.3 Disclaimer

The User agrees to hold GlobalSoft, its affiliates, partners, executives, employees, agents, and advisors harmless from any claims, liabilities, damages, or losses arising from the use of the information, documentation, or services acquired through the Site. GlobalSoft assumes no responsibility for the way the User utilizes the Services and Content, nor for any legal, technical, or economic consequences that may arise from it.


3. DEFINITIONS 

For the purposes of interpreting these Terms and Conditions, it will be understood as:

●  Cliente: Persona física o moral que contrata uno o más servicios ofrecidos por GlobalSoft a través del Sitio, ya sea para fines propios o para ser utilizados por terceros dentro de su organización.

● User: Any person who accesses, browses, uses the Site and/or contracts services through it, whether by means of a computer, mobile device, or other electronic communication medium

● Site or Platform: The internet portal accessible through the email address www.globalsoft.com.mx or any other that replaces it or is linked, operated

by GlobalSoft, through which the Services are offered and contracted.

● Services: Any activity, solution, or set of services offered by GlobalSoft through the Site, including but not limited to: technical support, corrective maintenance, software development, implementation of technological solutions, and other digital services related to the corporate purpose of the Company.


● Content: All information, data, texts, graphics, interfaces, logos, trademarks, files, programs, functionalities, designs, or elements available on the Site, whether free of charge or for a fee.
● Contract: Document that, if applicable, formalizes the specific conditions of the service agreement between the Client and GlobalSoft, and that complements or develops what is provided in these Terms and Conditions.


4. PAYMENT TERMS 

The payments resulting from the contracting of services through the Site must be made by the Client in accordance with the prices and conditions established in the purchasing process and in the corresponding invoice, within a maximum period of twenty-one (21) business days from the date of issuance of the invoice, unless a different period has been expressly stipulated in writing.

 
The payment must be made in national currency (MXN), using the authorized and enabled methods on the Site. GlobalSoft will not be responsible for additional charges generated by financial intermediaries, banking institutions, or payment platforms.

 
In case of delay in fulfilling the payment obligation, GlobalSoft may:

 
a) To demand the payment of late interest equivalent to 10% (ten percent) of the total amount due, calculated monthly from the day following the expiration of the agreed term. 
b) Immediately suspend the provision of contracted services without prior notice until the debt is fully settled. 
c) To require payment through legal actions or external collection services in the event that the debt persists for a period exceeding sixty (60) calendar days, with the Client being responsible for covering all administrative, judicial, or extrajudicial expenses arising from such management.

The Client acknowledges and agrees that failure to pay under the terms specified herein constitutes a serious breach of its contractual obligations, which entitles GlobalSoft to take the measures it deems appropriate to protect its interests, without prejudice to what is established in other provisions of these Terms and Conditions.

 
5. TAXES AND WITHHOLDINGS 
If the tax legislation of the country from which the User contracts the services imposes withholdings, deductions, or any type of tax burden on the payments made in favor of GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. (GlobalSoft), such obligations must be reported directly by the User to the corresponding tax authorities..

 
The total amount billed by GlobalSoft must be paid in full, without any deductions, withholdings, or offsets, so that the Company receives the complete and net payment as stipulated in the invoice..

GlobalSoft will not be responsible for compliance with tax obligations in foreign jurisdictions nor will it be obligated, under any circumstances, to absorb, credit, or assume tax burdens arising from the applicable regulations in the User's country.

6. PROVISION OF SERVICES

GlobalSoft agrees to provide the contracted services through the Site with the corresponding technical and professional quality, in accordance with the terms agreed upon during the purchasing process, the generally accepted standards in the industry, as well as the current policies and operational procedures of the Company at the time of contracting..


The services will be performed diligently and within the agreed or estimated reasonable timeframes, without implying, in any case, an obligation of result. The Company does not guarantee that the services will meet the Client's expectations or specific purposes, except in those cases where it has been expressly agreed in writing..


6.1 Limited liability for defects

GlobalSoft will be solely responsible for failures, defects, or errors directly attributable to its actions in the execution of the services. In the event that it is determined that the services were not provided in accordance with what is established here, GlobalSoft commits to correcting or remedying, at its own expense and under its responsibility, any attributable deficiency, in accordance with the following conditions:


  • a) Acceptance and review of the service: The fact that the Client does not immediately reject a defective service or makes a total or partial payment of the corresponding invoice shall not be understood as tacit acceptance of the service. However, acceptance will be presumed if the Client does not present a founded and written objection within five (5) business days following the delivery or execution of the service..
  • b) Correction or remedy: In the event of a valid and timely objection, GlobalSoft must make the necessary corrections within a period of five (5) business days from the notification, or within a longer period authorized in writing by GlobalSoft, considering the technical complexity of the case..
  • c) Compensation for breach: If GlobalSoft does not make the correction within the specified timeframe, and such omission is solely due to negligence or unjustified non-compliance, the Client may request a proportional refund of the amount paid for the affected services, upon written notification. This refund may be applied as compensation against future payments..

6.2 Evaluation of service quality

All evaluations regarding the quality or sufficiency of the services will be conducted based on objective, previously defined, and reasonable criteria, such as performance metrics, agreed deliverables, service levels, or technical standards defined in the contracting process or in subsequent communications authorized by GlobalSof.t.


7. INTELLECTUAL PROPERTY

All intellectual property rights related to the software, developments, materials, technical documentation, specifications, methodologies, source codes, scripts, algorithms, solutions, designs, interfaces, tools, manuals, reports, and, in general, any content generated, used, or delivered by GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. (hereinafter, "GlobalSoft") in the context of the provision of the services contracted through the Site, are and will continue to be the exclusive property of GlobalSoft or its legitimate owners..


The Client acknowledges that they do not acquire any intellectual property rights merely by using or contracting the services, and their rights are limited solely to the use that is strictly necessary for the operation of the services in accordance with the terms established herein..


It is expressly prohibited for the Client, except with prior written authorization from GlobalSoft:

  • Reproduce, distribute, modify, decompile, translate, perform reverse engineering, sublicense, or exploit in any way the materials or tools subject to the services;
  • Use, copy, or commercially exploit trademarks, logos, trade names, commercial notices, designs, graphics, or any other distinctive elements owned by GlobalSoft.

Likewise, the Client agrees to respect all intellectual property rights of third parties that may be involved in the provision of the contracted services, including software licensed by other developers or technologies with limited use.

The authorization that, if applicable, GlobalSoft grants for the use of any of its elements protected by intellectual property rights shall not imply the assignment, license, or transfer of any rights, and shall always be subject to the conditions expressly established in writing. The breach of this clause may result in the immediate termination of services, without prejudice to the legal actions that GlobalSoft may take to protect its rights..

8. LÍMITES DE RESPONSABILIDAD

GlobalSoft will provide its services with due diligence and professionalism in accordance with the provisions set forth in these Terms and Conditions. However, the Client acknowledges and agrees that the use of the services is at their sole risk..

 
Consequently, GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. (GlobalSoft) will not be responsible, under any circumstances, for direct, indirect, special, incidental, punitive, or consequential damages that may arise from the use or inability to use the services, including, but not limited to: loss of data, loss of income or profits, business interruptions, connectivity failures, limited accessibility, damage to systems, security vulnerabilities unrelated to GlobalSoft, or any other technical or economic contingency..

 
GlobalSoft assumes no responsibility for any misuse of the contracted services by the Client or third parties, nor for the results derived from decisions made by the Client based on the information, analysis, or tools provided as part of the services.

 
Likewise, GlobalSoft shall not be obligated, under any circumstances, to appear as a third party or to respond jointly or severally in judicial, administrative, arbitration, or any other proceedings that involve disputes between the Client and its own clients, end consumers, users, allies, partners, suppliers, or other parties related to the Client's operation.

 
This limitation of liability will remain in effect even if GlobalSoft has been advised of the possibility of such damages occurring..

9. CLAIMS 

Any dissatisfaction, complaint, or claim related to the services contracted through the Site must be notified by the Client to GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. (GlobalSoft) in writing, by certified letter with acknowledgment of receipt or through the contact channels formally enabled by the Company, within a maximum period of eight (8) calendar days from the date on which the good was delivered or the corresponding service was provided..
The claim must contain at least:

The claim must contain at least:

  • Client's name or business name;
  • Order number, contract, or invoice;
  •  Clear and detailed description of the facts that motivate the claim;
  • Documentary or technical evidence that supports the nonconformity, if applicable;
  • Contact information for follow-up purposes.

 
Contact information for follow-up purposes. 
Once the complaint is received, GlobalSoft will analyze its validity and, if deemed justified, may offer a corrective response or a solution within a reasonable timeframe, taking into account the nature of the case and the technical complexity of the service involved.
Failure to comply with the requirements or deadlines established in this clause will release GlobalSoft from any obligation of attention, adjustment, or refund, with the Client's conformity regarding the service received being presumed.

10. CANCELLATION AND REFUNDS

Once the payment corresponding to the service contract through the Site has been confirmed, no cancellation or refund will be processed, except in those exceptional cases where GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. (GlobalSoft) has been unable to execute the contracted services due to causes directly attributable to its operation and without any impediment generated by the Client or third parties.No refund request will be considered valid when the impossibility of providing the service arises, among other reasons, from:

  •  Non-compliance or inaccuracy in the data provided by the Client;
  • Lack of collaboration or delivery of necessary technical information by the Client;
  • Delays or conditions that prevent the execution of the service and that are unrelated to GlobalSoft;
  • Unstated expectations;
  • Changes in decision after hiring;
  • Interruptions caused by force majeure or unforeseen circumstances.


●  Interruptions caused by force majeure or unforeseen circumstances.
Any request for case review or clarification must be submitted in writing and with justification, within a period of five (5) calendar days from the scheduled start date of service or the delivery of the deliverable, whichever occurs first. GlobalSoft will evaluate the situation and, if applicable, may offer alternatives or a proportional adjustment, subject to written acceptance and without creating any obligation on its part.

11. CONFIDENTIALITY

The User acknowledges that during navigation on the Site or the contracting of services through it, they may have access to information of a technical, commercial, operational, financial, strategic, or any other nature, that is the property of GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. (hereinafter, "GlobalSoft") and that, by its nature, should be considered confidential.

 
This information may be provided in writing, verbally, through electronic or physical means, or via access to the Site itself, and may consist, by way of example but not limited to, internal processes, methodologies, codes, configurations, designs, quotes, customer or supplier data, technological developments, passwords, market analysis, business strategies, organizational structure, as well as any other non-public material or data..


The User agrees to:


  1.  Maintain strict confidentiality regarding all Confidential Information to which you have access,
  2. Do not disclose it to third parties without prior written authorization from GlobalSoft,
  3. Use such information solely for the purposes expressly authorized as part of the service contracting through the Site,
  4. Adopt the necessary measures to prevent unauthorized access to such information, including the responsibility of its personnel, suppliers, or collaborators.


12. JURISDICTION AND APPLICABLE LAW


All legal acts, transactions, and relationships arising from the use of the Site or from the contracting of services through it will be governed exclusively by the applicable laws of the  Mexico.


For the interpretation, compliance, and execution of these Terms and Conditions, the User and GS DESARROLLO EN TECNOLOGÍA, S.A. DE C.V. expressly agree to submit to the jurisdiction of the competent courts in the city of Monterrey, Nuevo León, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile, or for any other cause.