Commercial Agreement for Bolivia Clients
Let it be recorded by the tenor of this private document that the signatories agree to enter into a contract for the PROVISION OF THE VALUE-ADDED SERVICE which, upon acknowledgment of signatures and initials, shall have the same effects as a public document, subject to the following clauses.
First (Contracting parties)
The following parties take part in the signing of this contract:
1.1.– ALDEAMO BOLIVIA S.R.L, identified with NIT No. 360962025, located at Calle Saavedra Esq. Cochabamba, Edificio Torres Cainco Piso 13 Oficina 2, Barrio Casco Viejo UV00A MZ 0206, Santa Cruz, which for the purposes of this contract shall be referred to as "ALDEAMO".
1.2.– The Company ______________________________, legally represented by Mr./Ms. ______________________________, by virtue of special power of attorney ______/______ dated ____ of ______ of ______, granted before Notary of Public Faith No. ______ with NIT No. ______________ and legal domicile ______________________________, hereinafter referred to as "THE USER", whose details are set out in the Annex of the Service Provision Request, which forms an integral and inseparable part of this Contract for all legal purposes.
Second (Background)
2.1.– THE USER will use the technological services and platforms of ALDEAMO (mainly SMS, two-way SMS, WhatsApp messages, bots, artificial intelligence bots, inbound agent platform; and others developed in the future).
2.2.– Should THE USER require a technological integration, such integration will be quoted by ALDEAMO and approved by THE USER. It may be carried out directly by ALDEAMO or through one of its technology partners. The agreement on amounts and payments will be governed by the corresponding Service Annexes.
2.3.– ALDEAMO will inform THE USER by email of any price change resulting from its relationship with suppliers, effective from the date of sending unless otherwise indicated. Notifications will be made from and to the following accounts: ALDEAMO: notificaciones@aldeamo.com; USER: ______________________. Any change to these accounts must be notified beforehand by the same means.
2.4.– Training: ALDEAMO undertakes to provide two (2) hours of training on the contracted solutions and platforms, according to the schedule ALDEAMO establishes, and THE USER undertakes to designate, at its discretion, the employees who require such training.
Third (Purpose of the contract)
The purpose of this contract is to regulate the provision of the Value-Added Service that ALDEAMO BOLIVIA S.R.L. will provide to THE USER, in accordance with Law No. 164, its regulations and other applicable rules, as well as the terms and conditions approved by the ATT and its annexes, which form an integral part of this contract.
Likewise, this contract is framed within Administrative Resolution ATT-DJ-RA TL LP 0572/2022, which approves the guidelines for the submission, approval and registration of Value-Added Service (VAS) adhesion contracts.
The service will include access to, use of and support for the platforms, applications and other functionality necessary to send, receive and manage electronic communications, as well as any other complementary or additional service the parties agree upon.
Fourth (Terms and conditions)
The service will be governed by the terms and conditions approved by the ATT, which form an integral, indivisible and inseparable part of this contract. In the event of a contradiction between the annexes of the contract, the Contract and the Terms and Conditions, the Terms and Conditions approved by the ATT and the Contract will prevail.
THE USER declares and acknowledges having received a copy of this contract and of the corresponding terms and conditions of the services at the time of signing this Contract.
Fifth (Contract term, validity and renewal)
This Adhesion Contract will have a term of twelve (12) months from the date of its signing, and will be automatically renewed or extended for the same period. Either party may terminate it by giving the other sixty (60) days' notice, provided that outstanding invoices are paid.
In the event of early termination due to THE USER's breach, a penalty is payable in favor of ALDEAMO equivalent to any that the mobile telephone operator or any regulatory authority may impose on ALDEAMO for this reason, plus an additional penalty equivalent to the value of the last three months' billing, payable within thirty (30) calendar days of receipt of the breach notice.
This adhesion contract has the registration and approval number issued by the ATT, in accordance with Article 168 of the General Regulation to Law No. 164 (D.S. 1391).
Sixth (Timeframes for installation, activation, deactivation and reactivation of the service)
The timeframes, costs and requirements will be those established in the terms and conditions approved by the ATT and in force at the date of contracting. Reactivation of the service will be possible only after payment of the amount owed, or from the date agreed upon between the parties.
Seventh (Ownership)
Ownership of the use of the service belongs to THE USER, who declares to be the sole holder, and may not commercialize, delegate, transfer, assign, transmit or subrogate under any title the rights and obligations of the contract to third parties without the prior consent of ALDEAMO; otherwise it will be subject to the immediate suspension or disconnection of the service, without prejudice to the relevant legal actions.
Eighth (Tariff structure)
The applicable tariffs are set out in the terms and conditions approved by the ATT. Any modification will be published and notified in accordance with Article 119 of the General Regulation to Law No. 164, guaranteeing non-discriminatory pricing.
Ninth (Billing, collection, disconnection)
ALDEAMO will issue billing, carry out collection and may proceed to disconnect the service in accordance with Ministerial Resolution No. 351 and Articles 148, 149, 155, 156, 157 and 159 of the General Regulation to Law No. 164, the specific conditions of which are established in the Terms and Conditions approved by the ATT.
Tenth (Quality of service)
ALDEAMO will guarantee the quality of the service in accordance with the ATT's technical parameters and indicators. It will be responsible to THE USER for the correct operation of the service, except in duly proven cases of force majeure or fortuitous event, always acting with diligence to minimize impacts and restore the service in the shortest possible time.
Eleventh (Rights and obligations)
THE USER will have the same rights established in Article 54 of Law No. 164 and the same obligations of Article 55 of Law 164 described in the Terms and Conditions — VAS Provision. ALDEAMO and THE USER undertake to guarantee the confidentiality, integrity and security of the personal data processed, in accordance with Article 130 of Law No. 164 and the AGETIC's technical security guidelines, implementing the necessary administrative, technical and organizational measures, and using the information solely for the purposes of this contract, even after its termination.
Twelfth (Liability exemptions)
ALDEAMO will be exempt from liability in the cases provided for by Law No. 164 when the suspension or interruption of the service is due to force majeure or fortuitous event, without prejudice to the obligation to act with due diligence to restore the service.
Thirteenth (Handling of claims)
THE USER has the right to receive, through ALDEAMO's Consumer Service Office (ODECO), the due handling of its claims, including the refund of amounts unduly paid. A direct claim is submitted in writing or verbally, free of charge, within twenty (20) days of becoming aware of the event that motivates it. ALDEAMO will resolve it within three (3) days in cases of service interruption or serious disruptions, or within fifteen (15) days in other cases. If it declares the claim inadmissible or does not resolve it within the deadline, THE USER may submit it to the competent Authority within the following fifteen (15) days.
Fourteenth (Information and assistance services)
Information, assistance, inquiry and request services will be handled at: Calle Saavedra esq. Cochabamba, Edificio Torres Caínco, Piso 13 of. 2. Telephone: 3340898 (Santa Cruz) — 2798195 (La Paz). Service hours: 08:00 to 18:00, Monday to Friday.
Fifteenth (Express declaration)
Both ALDEAMO and THE USER expressly declare that there is no pressure of any kind to proceed with the signing of this Contract.
Sixteenth (Inviolability and protection of the user's information)
In compliance with Article 56 of Law No. 164, ALDEAMO guarantees the inviolability and protection of THE USER's information and personal data, preventing its disclosure or unauthorized use, except in the cases expressly provided for by the Political Constitution of the State and the law.
Seventeenth (Contract termination and rescission)
18.1 Termination at THE USER's request, provided that: (a) it notifies ALDEAMO in writing sixty (60) days in advance; and (b) all outstanding accounts as of the request date are paid. Early termination does not diminish the validity of THE USER's pending obligations, which will remain in force until fully fulfilled.
18.2 Termination by ALDEAMO's decision: upon any breach in the payment of its obligations, which causes THE USER to automatically enter into default; or upon any breach of its other obligations established in the terms and conditions of the service.
Eighteenth (Integrity of the contract)
This Contract constitutes the entire agreement between the parties, replacing any prior understanding, communication or agreement, whether verbal or written. No statement other than those expressly stipulated will be binding. Any modification must be made in writing and have the express acceptance of both parties.
Nineteenth (Interpretation clause)
In the event of any doubt about the interpretation of any clause of this Contract, the interpretation most favorable to THE USER will apply.
Twentieth (Acceptance)
THE USER and ALDEAMO declare their acceptance of each and every one of the foregoing clauses of this Contract and its Annex, undertaking to strictly and faithfully comply with them, in witness of which they sign two copies of the same tenor and content.