Gulupa Digital Terms and Conditions
Introduction
Gulupa Digital SAS, hereinafter referred to as "Gulupa Digital", is a simplified joint stock company, incorporated under the laws of the Republic of Colombia, which offers a variety of digital services, including, but not limited to, web design and development, digital advertising campaigns, SEO, domain management and hosting (hereinafter referred to as "the Services").
Any natural or legal person who contracts the Services of Gulupa Digital, hereinafter referred to as "the Client", is subject to the following terms and conditions (hereinafter referred to as "the Terms"), which establish the obligations and responsibilities of the Client and Gulupa Digital in relation to the use of the Services.
By contracting the Services, the Client acknowledges that he/she has read, understood and agrees to be bound by the Terms. If the Client does not agree with the Terms, he/she should not contract or use the Services of Gulupa Digital.
Gulupa Digital reserves the right to modify the Terms at any time and at its discretion. Any changes will be communicated to the Client through the enabled channels, and will be considered accepted if the Client continues to use the Services after having been notified of such changes.
Acceptable Use Policy
At Gulupa Digital we offer a variety of information technology services, including, but not limited to, web development, graphic design, digital advertising, social media advertising, SEO positioning, digital marketing and technical support.
This Acceptable Use Policy sets out the rules and guidelines for the proper use of our services. By using the Services, the Client agrees to comply with the following guidelines, which are designed to protect both Gulupa Digital and its customers and ensure the stability, integrity and security of the Services.
1. Legal use of the services: The Client agrees to use the Gulupa Digital Services in a legal manner and in accordance with the regulations in force in Colombia, as well as any other applicable legislation in the jurisdictions where they operate or where the Client uses the Services. It is prohibited to use the Services to carry out illegal activities, including but not limited to:
- Violation of intellectual property rights, trademarks, patents or trade secrets.
- Distribution of malicious software, such as viruses, trojans, ransomware, spyware or any other type of malware.
- Phishing, that is, any activity that seeks to obtain sensitive information fraudulently.
- Fraudulent activities, such as using stolen credit cards or manipulating financial information.
- Sending spam, unsolicited mass emails, fraudulent email campaigns or any form of invasive messaging.
- Carrying out denial of service (DDoS) attacks or any other activity that affects the availability of third-party systems.
- Use of the Services for trafficking in illegal, offensive, pornographic, defamatory, violent or discriminatory content, among others.
Sanction: Any violation of legal use may result in immediate suspension or termination of service, without notice and without right to refund.
2. Respectful behavior: The Client must interact in a respectful and professional manner with Gulupa Digital staff, as well as with other users of the Services. This includes, but is not limited to:
- Avoid any type of harassment, whether verbal, physical or through electronic messages.
- Refrain from making threats, defamation, slander or issuing derogatory comments against Gulupa Digital, its employees or any other client.
- Do not discriminate or make offensive comments based on gender, race, religion, sexual orientation, disability or other grounds of discrimination prohibited by law.
Sanction: Gulupa Digital reserves the right to suspend or terminate the service of any Client who engages in disrespectful or abusive behavior.
3. Responsible use of resources: The Client must make appropriate and efficient use of the resources provided by Gulupa Digital, including servers, bandwidth, storage space, databases, and other resources associated with the contracted Services. This includes:
- Do not engage in activities that overload servers or negatively affect other customers.
- Avoid running intensive processes for long periods of time, such as cryptocurrency mining, which consumes resources disproportionately.
- Do not use the services in a way that jeopardizes the stability of the technical infrastructure or prevents the correct provision of services to other clients.
Preventive measure: Gulupa Digital reserves the right to monitor the use of resources and, if it detects excessive or inappropriate use, it may take corrective measures such as limiting the use of resources, assigning overcharges or, in serious cases, temporarily or permanently suspending the Services.
4. Account Security: The Client is responsible for maintaining the confidentiality of the access credentials to his/her account and other systems provided by Gulupa Digital. It is recommended to follow best security practices, including:
- Use strong passwords containing at least 12 characters, combining uppercase and lowercase letters, numbers and symbols.
- Password renewal every three months.
- Use two-step authentication, where available.
- Do not share passwords or sensitive information with third parties.
Any attempt to gain unauthorized access to other users' accounts or systems is strictly prohibited.
Preventive measure: If Gulupa Digital detects suspicious access or an attempt at unauthorized access, it may temporarily block the account until further verification is performed. In cases of infringement, the Services will be terminated immediately.
5. Cooperation with investigations: In the event that Gulupa Digital detects violations of this policy or illegal activities related to the use of the Services, the Client must cooperate with any investigation carried out by the company or by the corresponding legal authorities. This may include:
- The provision of records, details of activity or any information deemed relevant to the investigation.
- Allow access to related accounts or systems to conduct technical reviews or security audits.
Sanction: Failure to cooperate may result in suspension or termination of the Services and may lead to further legal action.
6. Prohibited content: The Client must not publish, store, transmit or link to content that violates local or international laws, including content that:
- Be offensive, defamatory, discriminatory, pornographic, obscene or violent.
- Incite violence, hatred or discrimination based on race, ethnicity, gender, religion, sexual orientation or disability.
- Violate any third party's intellectual property rights, including, but not limited to, trademarks, copyrights, or patents.
Gulupa Digital reserves the right to remove any content it deems inappropriate, illegal or in violation of this policy, without prior notice to the Client.
7. Prohibited use of the services: The Client must not use the Services for activities that:
- Damage the reputation of Gulupa Digital or other customers.
- Interfere with the company's business operations.
- Generate an overload or excessive use of the assigned technical resources, which affects other clients or puts the stability of the system at risk.
- Attempt to gain unauthorized access to Gulupa Digital or third party systems, networks or data.
- Are otherwise harmful to the company or third parties.
Preventive measure: In the event of detecting prohibited use, Gulupa Digital may apply service restriction measures, temporary or permanent suspensions, and may also impose additional charges for excessive use of resources.
8. Customer Responsibility: The Client is responsible for all activities carried out under the Client's account, whether by employees, contractors, or any third party to whom the Client has been granted access. If the Client allows third parties to access the Services, the Client must ensure that such third parties comply with this policy.
Gulupa Digital is not responsible for the actions of third parties using the Services under the Client's account. The Client shall be liable for any damage, infringement or misuse caused by third parties who have access to their accounts.
9. Policy Violations: If the Client violates any part of this policy, Gulupa Digital may take such action as it deems necessary, including:
- Suspend or terminate the Services immediately and without prior notice.
- Remove content that violates this policy.
- Impose additional charges if resources have been consumed inappropriately.
- Cooperate with legal authorities to facilitate investigations if the violation involves illegal activities.
10. Reporting Violations: If the Client becomes aware of any violation of this policy by another user or third party, the Client must immediately notify Gulupa Digital. The company reserves the right to investigate any reported violation and take any action it deems necessary to protect the integrity of its Services and systems.
Final note: Failure by Customer to comply with this Acceptable Use Policy may result in suspension or termination of Services, without right to refund, as well as legal action if it is determined that illegal or fraudulent activities were involved.
Email Management Policy
Gulupa Digital provides a variety of digital services to its customers, including email service. This Email Management Policy establishes the rules and conditions under which customers must operate their email accounts, in order to ensure responsible, secure use in compliance with current laws.
1. Prohibition of mass email sending: It is strictly prohibited to use the email service for the mass or indiscriminate sending of unsolicited messages. Sending more than 50 messages simultaneously, in a single delivery, without the express consent of the recipients, will be considered as mass and unauthorized sending. Gulupa Digital reserves the right to suspend or cancel the email service if such behavior is detected. In addition, any sending of emails that generates spam reports by the recipients will also be considered a violation of this policy.
2. Anti-spam policies: All email accounts under the management of Gulupa Digital must comply with the anti-spam policies established by the company, which are available on our website in the section of Anti-spam policiesViolation of these policies may result in temporary suspension or permanent termination of email service, without right to refund. Gulupa Digital continuously monitors email traffic to ensure compliance with these rules.
3. Proper use of email: Customers must use the email service responsibly. Sending messages that are offensive, unlawful, harassing, defamatory, threatening, harmful, obscene, malicious, or incite hatred or violence is prohibited. In addition, using email to distribute content that violates third party rights, such as copyrighted material without authorization, is strictly prohibited. Customers must respect the privacy and rights of recipients at all times.
4. Email Security: Customers are responsible for maintaining the security of their email accounts. This includes, but is not limited to, creating strong passwords (that meet the recommendations for length and complexity), keeping them confidential, and updating them regularly (at least every three months). Customers must also ensure that their devices are protected against malicious software that could compromise the security of the accounts. Gulupa Digital is not responsible for unauthorized access to email accounts if this occurs due to negligence in password management or inadequate security measures by the Customer.
5. Responsibility for the content of the email: The client is solely responsible for the content of the emails sent through our Services. Gulupa Digital is not responsible for any damages or losses that may arise from the content of such emails, including reputational, commercial or legal damages. The client must ensure that all messages sent are legal and appropriate, complying with the applicable regulations in Colombia and in any other jurisdiction where it operates.
6. Report abuse: If the Client or a third party suspects misuse or abuse of the email service, they must notify Gulupa Digital immediately. The company reserves the right to investigate all reports of abuse and, if deemed necessary, temporarily suspend access to the account involved until the situation is resolved. Investigations may include reviewing usage logs and analyzing email traffic.
7. Suspension and termination of service for violations: In the event of a breach of any of the points of this policy, Gulupa Digital reserves the right to take action including, but not limited to, temporary suspension or permanent termination of the email service. Such actions may be taken without prior notice and without the right to a refund, especially in serious cases of repeated or intentional violations. Gulupa Digital may also cooperate with legal authorities if the abuse of the email service involves illegal activities.
8. Activity record keeping: Gulupa Digital reserves the right to maintain detailed logs of email service activity, including IP addresses, connection logs, and message traffic, to ensure compliance with this policy. These logs may be used for internal or external investigations, if necessary.
9. Exclusion of liability for data loss: Gulupa Digital is not responsible for the loss of data or emails stored on its servers if such loss occurs due to factors beyond its control, such as technical failures, natural disasters or cyber attacks. The client must make regular backups of their important emails.
10. Limitation of use of the service: The email service provided by Gulupa Digital is not intended for use in critical or essential operations that may affect the safety of people or cause serious financial damage. The customer accepts that the email service may be subject to temporary limitations due to scheduled maintenance, updates or technical problems, therefore Gulupa Digital is not responsible for service interruptions that may affect the customer.
Domain Registration and Ownership Policy
1. Domain registration: Domain names may be registered directly in the name of Gulupa Digital for reasons of administrative ease or technical management. However, in cases where the domain belongs to a client (third party), the registered domain name will be the exclusive property of said client. Gulupa Digital will act only as a registration facilitator. The Client may request the transfer of ownership of the domain at any time, complying with the relevant legal and administrative requirements, provided that the Client is up to date with its contractual and financial obligations with Gulupa Digital.
2. Ownership of domains registered by Gulupa Digital: In cases where domains are purchased in the name of Gulupa Digital (for example, as part of special promotions or packages), the domain will be the property of Gulupa Digital until the Client requests, in writing, the change of ownership. The Client must prove ownership of the domain by submitting the necessary documentation. Until the transfer is made, Gulupa Digital will have control over the management of the domain and may retain ownership if the Client fails to comply with its contractual obligations.
3. Domain acquisition due to inactivity or non-payment: If a Customer does not express interest in renewing their domain, or respond to communications from Gulupa Digital for a period of more than 30 days after the domain's expiration date, or if payment for the domain renewal fee has not been received, Gulupa Digital reserves the right to acquire the domain and transfer it to its own account. This measure includes the right to dispose of the domain, whether through sale, rental or any other form of commercial or technical use. After the 30-day period has elapsed without action by the Customer, Gulupa Digital will have no obligation to return or restore ownership of the domain to the original Customer.
4. Disposition of acquired domains: Gulupa Digital, in the event of acquiring domains due to inactivity or non-compliance by the Client, will have full freedom to dispose of said domains in the manner it deems appropriate. This includes the sale of the domain to third parties, its internal use for company projects or its commercial exploitation. Once the aforementioned period has expired, Gulupa Digital will have no obligation to consult the original Client about the destination of the domain.
5. Domain renewal: It is the Client's sole responsibility to request the renewal of their domain before the expiration date. Gulupa Digital will send courtesy notifications to Clients reminding them of the domain's expiration date. However, failure to receive such notifications does not relieve the Client of their responsibility to renew the domain on time. In the event of a domain expiration, Gulupa Digital is not responsible for the loss of the domain or for any damage or harm that this may cause to the Client. Domain renewal may be subject to additional fees if the Client requests renewal after the expiration date.
6. Transfer of domains to third parties: The Client may request at any time to transfer the domain to another provider or registrar, provided that the Client is up to date with all of its contractual and financial obligations with Gulupa Digital. To proceed with the transfer, the Client must submit a written request, and Gulupa Digital will provide the EPP code necessary to complete the transfer process within three business days. Once the transfer is complete, Gulupa Digital will have no further responsibility for the transferred domain or its future management.
7. Costs associated with domain management: Any change in ownership, transfer or renewal of domains may be subject to additional fees that will be notified to the Client in advance. These costs cover the administrative and technical expenses related to the management of the domains. The Client must pay these fees within the established deadlines to ensure continuity of service.
8. Responsibility for the use of domains: Gulupa Digital is not responsible for the Client's use of domains registered through our Services. The Client is responsible for ensuring that the use of the domain complies with all legal regulations, including intellectual property laws, and for not using the domain for illegal activities or infringing the rights of third parties. If inappropriate use of the domain is detected, Gulupa Digital reserves the right to suspend or cancel the management of the domain, and to cooperate with the authorities if necessary.
9. Security in domain registration: Gulupa Digital implements security measures to protect the integrity of the domains registered in the name of the Client. However, it is the Client's responsibility to keep the access credentials to the domain management accounts secure and to make password changes periodically. Any unauthorized access due to the Client's negligence will be the Client's sole responsibility.
10. Cancellation of services and associated domain: In the event that a Client cancels the Services contracted with Gulupa Digital, the management of the domain will also cease. If the Client wishes to keep the domain registered, he/she must request the transfer before cancellation or provide a new source of payment for its renewal. Otherwise, the domain will be subject to the inactivity disposal policies mentioned above.
11. Non-payment or lack of payment for the domain: In cases where Gulupa Digital has registered a domain in the name of the Client and payment is not received within the established deadlines, Gulupa Digital reserves the right to retain ownership of the domain until full payment is made. If the Client does not pay the amount due within 30 days after the invoice date, Gulupa Digital may dispose of the domain at its sole discretion, including:
- Transfer the domain to Gulupa Digital and use it for internal or commercial purposes.
- Put the domain up for sale on the market, without any obligation to consult the Client in advance.
- Suspend any services associated with the domain, which may include websites, emails, or any other domain-related functionality.
Gulupa Digital is not responsible for loss of access or ownership of the domain due to non-payment, and the Client will not be entitled to any type of refund or compensation in this case.
12. Domain recovery after non-payment: If a Customer wishes to recover the domain after defaulting on their payment obligations, they will be required to pay all outstanding fees as well as any additional costs associated with recovering the domain. This includes, but is not limited to, reactivation fees, transfer fees, and any administrative costs associated with managing the domain. Gulupa Digital does not guarantee that the domain will remain available after default on payment.
Gift Domain Acquisition Policy
At Gulupa Digital, in order to encourage the acquisition of new digital projects, we are pleased to offer our clients the possibility of receiving a free domain for certain projects, always at the discretion of the company. This policy establishes the terms and conditions applicable to the acquisition, use and renewal of said domains. It is essential that the Client reads and understands this policy before accepting Gulupa Digital's terms and conditions.
1. Availability and extension of the gift domain: The gift domain offered as part of a new digital project may have one of the following extensions: .com, .com.co either .co. Domain extension will be subject to availability at the time of purchase. Gulupa Digital will make every effort to register the Client's preferred extension, but if it is not available, an alternative extension will be assigned from among the options mentioned. Gulupa Digital does not guarantee the availability of any specific extension.
2. Exclusion of premium domains: Premium domains, defined as those with a higher than usual value due to their relevance, popularity or special features, are not included as part of the gift. If the Client wishes to purchase a premium domain, he/she will have to assume the associated additional cost. Gulupa Digital will notify the Client in the event that a selected domain is considered premium and will provide information on the specific costs and conditions for its acquisition.
3. Domain registration: The gift domain will be registered in the name of Gulupa Digital initially to facilitate its technical and administrative management. Gulupa Digital will manage the domain registration on behalf of the Client and will provide the access data necessary for its administration. Although the domain will be registered in the name of Gulupa Digital, the Client will have the right to request a change of ownership at any time, provided that it complies with the established requirements and proves ownership of the domain.
4. Domain ownership: Any domain name registered as part of the gift will initially be the property of Gulupa Digital. However, the Client may request, once the registration is complete and by means of a formal request, the transfer of ownership of the domain, provided that the Client complies with the contractual and financial obligations agreed with Gulupa Digital. The transfer of ownership will be subject to the presentation of legal documents proving the Client's right over the domain. Until such transfer is completed, Gulupa Digital will maintain control over the domain.
5. Customer Responsibility: It is the Customer's responsibility to provide accurate and up-to-date information for the registration of the gift domain. This includes, but is not limited to, providing valid contact details, selecting the desired domain extension, and ensuring that all information provided is accurate. Any errors in the information provided that affect the registration or use of the domain will be the sole responsibility of the Customer, and Gulupa Digital will not be liable for problems arising from such incorrect information.
6. Domain renewal and maintenance: Once the initial registration period of the gift domain is completed (one year), the Client will be responsible for managing and paying the fees corresponding to the renewal of the domain. Gulupa Digital is not responsible for the automatic renewal of the domain or for reminding the Client of the expiration date of the domain. If the Client does not renew the domain on time, Gulupa Digital will not be responsible for the loss of the domain or for the consequences that this may generate for the Client. The Client must assume the responsibility of keeping the domain active and updated to avoid interruption of the service or loss of the domain name.
7. Non-payment of the renewal of the gift domain: If the Client fails to make the payment for the renewal of the domain after the initial period has expired, Gulupa Digital reserves the right to recover full ownership of the domain and dispose of it at its discretion. This includes, but is not limited to, transferring the domain to its portfolio, selling it, renting it, or using it for other commercial or technical purposes. Once the domain returns to the exclusive management of Gulupa Digital, the Client will not be entitled to reclaim the domain or receive any compensation for its loss.
8. Domain transfer and modification: The customer has the right to transfer or modify the gift domain at any time, provided that he is up to date with his contractual and financial obligations with Gulupa Digital. Transfer requests will be subject to the Domain Transfer Policy from Gulupa Digital. Any modification of the domain ownership or configuration must be managed through the company's official channels, and the Client must provide the information required to complete the transfer process. Gulupa Digital will not assume any responsibility for any changes that the Client makes to the domain after the transfer has been processed.
9. Project Cancellation Policy: In the event that the Client decides to cancel the digital project for which the gift domain was granted, Gulupa Digital reserves the right to retain ownership of the domain and dispose of it as it sees fit. The gift domain is offered as part of a promotional package, so if the project is not completed or is cancelled, the Client will lose any rights to the domain, and Gulupa Digital may use, sell or transfer it as it sees fit.
10. Limitations on the use of the gift domain: The gift domain provided by Gulupa Digital may not be used for illegal activities, violations of third party rights, or any other use that violates local, national or international laws. Gulupa Digital reserves the right to revoke the use of the domain if it detects any illegal, suspicious or harmful activity associated with said domain. In such case, Gulupa Digital may suspend the service without prior notice and without the right to compensation.
11. Exclusion of liability for loss of domain: Gulupa Digital will not be liable for the loss of the gift domain due to the Client's failure to renew it, or for any other reason related to the management that falls on the Client. This includes, but is not limited to, technical problems on the registrar's platform, errors in the information provided by the Client, or any other failure that is beyond the control of Gulupa Digital.
12. Communication and support related to the gift domain: Gulupa Digital will provide limited technical support in connection with the gifted domain during the first year of registration. After the initial period, the Customer shall be responsible for managing and maintaining the domain, including any communication with the registrar or any third parties. Gulupa Digital does not undertake to provide technical support indefinitely, and any additional assistance will be subject to specific fees.
Domain Transfer Policy
Gulupa Digital offers its clients domain registration and management services. This policy sets out the terms and conditions relating to the process of transferring domains from Gulupa Digital's administration to a new registrar or to the client, and aims to ensure a clear, secure and transparent process.
1. Domain transfer request:
To initiate a domain transfer, the Client must meet the following conditions:
- The client must be in good standing with all financial and contractual obligations with Gulupa Digital. This includes full payment of any services related to the domain.
- The transfer request must be made at least 60 days before the domain expires. This period is necessary to avoid complications in the simultaneous renewal and transfer process.
- The client must send a written request via email to support@gulupadigital.com, clearly specifying the domain you wish to transfer and providing the necessary information to start the process.
Gulupa Digital is not obliged to process transfer requests that do not comply with these conditions.
2. Domain transfer process:
Once the transfer request has been received and validated, and after verifying that the Client is in good standing, Gulupa Digital will proceed as follows:
- Within a maximum of 3 business days, Gulupa Digital will unlock the domain and provide the customer with the EPP (Extensible Provisioning Protocol) code necessary to complete the transfer.
- This EPP code will be sent to the customer via email to the registered contact. The customer will be responsible for maintaining the confidentiality of this code.
- The transfer must be completed within the time stipulated by the new registrar. Gulupa Digital has no control over the response times of the new registry provider and is not responsible for delays caused by third parties.
3. Post-transfer liability:
Once the Client receives the EPP code and the domain has been unlocked for transfer, Gulupa Digital will no longer have any responsibility for the management or availability of the domain. The Client will be responsible for:
- Execute the transfer to the registrar of your choice.
- Correctly configure the domain on the new DNS servers.
- Keep the administrative and technical contact associated with the domain up to date to avoid future problems.
Any configuration errors, domain loss or technical problems arising from post-transfer management will be the sole responsibility of the Client. Gulupa Digital will not be responsible for the loss of the domain or its malfunction once the transfer process has been completed.
4. Transfer delays:
Gulupa Digital is not responsible for delays in domain transfers due to factors beyond its control, such as:
- Delays by the new registrar in receiving or processing the transfer.
- Technical issues on the new provider's registration platforms.
- Outdated or incorrect contact information for the Client that delays or makes the transfer impossible.
- Limitations imposed by the policies of certain TLDs (top-level domains), which may require additional processing times.
In the event of delays due to situations beyond Gulupa Digital's control, the Client must coordinate directly with the new registrar to resolve the issues.
5. Domain Transfer Charges:
Unless otherwise specified in the original contract between the Client and Gulupa Digital, the Client will be responsible for covering all costs associated with the domain transfer. This includes:
- The charges imposed by the new registrar.
- Any administrative fees related to the release of the domain or the management of the transfer, if this is not included in the standard Gulupa Digital service.
Gulupa Digital reserves the right to apply additional fees for transfer management in the event that the Client requests additional services or requires support outside the usual scope.
6. Transfer of domains in default of payment:
If the Client requests a domain transfer, but has outstanding debts with Gulupa Digital, the company reserves the right to retain management of the domain until all financial obligations have been resolved. In these cases:
- Gulupa Digital will notify the customer of the outstanding debt, and the transfer cannot proceed until the balance has been paid in full.
- If the Client does not resolve the debts within a reasonable period of time, Gulupa Digital may take additional measures, including cancellation of the domain or its disposal for other commercial purposes.
7. Transfer in cases of disputes:
If there is any dispute regarding ownership or rights to the domain, Gulupa Digital may hold the domain until the dispute is resolved legally or through a mutual agreement between the parties involved. During this period, the domain will remain locked and cannot be transferred or used by either party.
8. Responsibility for the content associated with the domain:
Once the domain transfer is complete, Gulupa Digital is not responsible for the content or previous configuration associated with the domain (e.g. websites, emails or other linked services). The Client must ensure that the necessary backups are made before starting the transfer process. Gulupa Digital has no obligation to maintain backups or backups of the Client's content after the domain transfer.
9. Cancellation of the transfer request:
The Customer may cancel the transfer request before the EPP code has been provided and the domain unlocked. However, if the Customer cancels the transfer once the EPP code has been delivered, Gulupa Digital will not refund any fees associated with handling the transfer, if any.
10. Special cases of blocked domains:
There are some cases where domains cannot be transferred immediately due to locks imposed by the original registrar or ICANN (Internet Corporation for Assigned Names and Numbers) policies. These cases include:
- Domains that have been registered or transferred in the last 60 days.
- Domains subject to legal or administrative investigations.
- Domains with voluntary blocks requested by the Client.
In these situations, Gulupa Digital will work with the Client to resolve the block to the greatest extent possible, but is not responsible for any additional time required by third parties to unblock the domain.
Hosting Policy
Gulupa Digital provides a wide range of digital services, including web hosting for sites and applications on high-performance servers. This Hosting Policy defines the rules and conditions under which this service is offered, ensuring a safe and stable experience for both Gulupa Digital and its customers.
1. Protection of our servers:
The security and stability of our servers is a priority. Any attempt at unauthorized access, sabotage, or damage to our servers or equipment will be grounds for immediate and permanent termination of service. This includes, but is not limited to, denial of service (DDoS) attacks, malicious code injections, resource abuse, or any activity that puts Gulupa Digital's or other clients' infrastructure at risk.
- Gulupa Digital reserves the right to investigate any suspected malicious activity and to cooperate with the relevant authorities where necessary. Legal action taken against those responsible for such acts may include filing complaints with law enforcement or judicial authorities.
- In addition, we reserve the right to suspend or terminate the service immediately and without prior notice if we detect activities that threaten the security of the servers.
2. Illegal and prohibited content:
Using our hosting services to store, distribute or promote illegal content is strictly prohibited. This includes, but is not limited to:
- Material that infringes the copyright or intellectual property rights of third parties.
- Content that promotes hatred, violence, discrimination or any form of harassment.
- Websites that promote illegal activities, such as the sale of counterfeit products, fraud, scams, or the distribution of malware.
- Links to materials that violate applicable local or international laws.
Gulupa Digital reserves the right to remove any content hosted on its servers that it considers illegal, offensive or that compromises the integrity of the infrastructure, without prior notice. The Client's service may be suspended or cancelled if a violation of this policy is proven.
3. Proper use of hosting resources:
It is the Client's responsibility to use server resources (such as storage space, bandwidth, CPU and memory) efficiently and within the contracted limits. Gulupa Digital is not responsible for service interruption caused by misuse or abuse of resources. This includes:
- Exceeding contracted storage space limits, which may cause the website to crash or lose functionality.
- Using excessive amounts of bandwidth or CPU, which negatively impacts server performance and affects other clients.
- Storing unnecessary, duplicate, or non-best practice files.
It is the Client's obligation to monitor and manage their use of the contracted hosting space and resources, adjusting to the limits established in the plan. In the event that an increase in resources is required, Gulupa Digital offers scalability options that must be contracted independently.
4. Data backup:
Gulupa Digital is not responsible for making automatic backups of the content hosted on the hosting servers, unless this service has been specifically contracted. Therefore, it is the sole responsibility of the Client to make regular backups of their data to avoid loss of information.
- Gulupa Digital recommends that clients backup their websites and databases as often as necessary, and maintain at least two backups in different locations for added security.
- In the event of data loss due to causes attributable to the client (such as accidental deletion, poor handling of content or failure to make backups), Gulupa Digital will not be responsible for restoring the data.
5. Hosting service limitations:
Gulupa Digital offers hosting services within a framework of limitations that are designed to ensure optimal performance and prevent system abuse. These limitations include:
- Maximum file size: A limit is set on the maximum size of files that can be uploaded to the server, which will depend on the contracted hosting plan.
- Using email: Bulk email sending is not allowed on standard hosting services. To avoid being flagged as spam, customers should use dedicated email marketing tools, and not use the hosting server to send large amounts of emails simultaneously.
- Scripts and applications: The Client must ensure that any script or application used is properly optimized for the server environment and does not consume excessive resources. Any script or application that compromises the stability of the server may be restricted or removed by Gulupa Digital.
6. Termination of Service:
Gulupa Digital reserves the right to suspend or terminate the hosting service of any client who violates this policy, without prior notice and without the right to a refund in the following cases:
- Misuse of resources or the server.
- Failure to comply with content rules or storage of illegal material.
- Carrying out activities that damage the reputation or infrastructure of Gulupa Digital.
- Non-payment or breach of contractual obligations.
In the event of termination of the service, the Client shall be responsible for making a copy of his/her data before the termination date, as Gulupa Digital does not guarantee the retention of the data after termination. Unclaimed data may be deleted from the server without prior notice.
7. Data migration and transfer:
Gulupa Digital may offer data migration services to or from our hosting servers, subject to availability and prior agreements with the Client. However:
- Gulupa Digital is not responsible for data loss during migration if it is performed by third parties or if the Client has not provided the appropriate information.
- Any migration services that involve additional time or special configuration outside the scope of the standard hosting service may be subject to additional fees.
- It is the Customer's responsibility to ensure that all content, settings and data are complete and up-to-date before performing a migration.
8. Modifications to the hosting service:
Gulupa Digital reserves the right to modify, update or improve the features of the hosting plans, in order to guarantee the best possible quality of service. These modifications may include changes in available resources, security updates, improvements in the server infrastructure or new terms related to the use of the service.
- Gulupa Digital will notify customers of any significant changes to plans or services that may affect hosting performance or conditions.
- In the event that any modification negatively impacts the client, Gulupa Digital will offer the option to renegotiate the service or cancel the contract without penalty, as appropriate.
9. Technical support for hosting:
Gulupa Digital provides technical support for the management and administration of hosting services during regular business hours. Support includes:
- Troubleshooting issues related to server availability, email configurations, and general hosting service inquiries.
- Tasks that exceed the basic scope of the service, such as application optimization or the development of new features on hosted sites, are not included in the free support. These services must be contracted independently.
Customers may submit support requests through official channels, and they will be addressed in the order in which they are received. Gulupa Digital reserves the right to prioritize requests based on the severity of the reported issue.
Trademark Infringement Policy
Gulupa Digital offers a variety of digital services, including website design, development, and hosting. We recognize and respect intellectual property rights, including trademark rights, and expect our clients to do the same. This policy governs how we handle trademark infringements, protecting both the rights of trademark holders and the reputation and operation of Gulupa Digital.
1. Use of trademarks:
Customers using our services must ensure that they have all necessary permissions and licenses for the use of trademarks on their websites, applications or any other content hosted on our servers. This includes:
- Obtain permission from the trademark owner before using any logo, trade name, slogan or other trademarked material.
- Have the license duly acquired legally for the use of said brands in their designs, products or digital services.
Gulupa Digital will not be liable for any misuse of trademarks by its clients. Clients are solely responsible for ensuring that the use of any trademarks on their website complies with applicable intellectual property laws.
2. Detection of trademark infringement:
Gulupa Digital monitors and responds to any claims of trademark infringement on websites hosted on its servers. The detection of an infringement may be caused by:
- A direct complaint from the trademark owner or his legal representative.
- Gulupa Digital's detection of content that infringes intellectual property rights during internal reviews or audits.
Upon receipt of a valid complaint of trademark infringement, Gulupa Digital will take the necessary steps to investigate the situation. This may include requesting documentation from the client to prove appropriate permission or license for use of the trademark.
3. Corrective actions in the event of an infringement:
In the event that a trademark infringement is detected and the Client is unable to provide adequate documentation to prove legal use of the trademark, Gulupa Digital will take the following actions:
- Notification: The client will be notified of the infringement and given a reasonable period of time to remove or correct the use of the infringing trademark. This period will be defined at the discretion of Gulupa Digital depending on the severity of the infringement.
- Temporary suspension: If the Client does not act within the specified period, Gulupa Digital may temporarily suspend access to the website or application involved until the infringement is resolved.
- Termination of business relationship: If the Client fails to correct the breach within the time period granted, Gulupa Digital reserves the right to terminate the business relationship, which may include permanently removing the website from the server, terminating any service agreement, and seeking additional legal remedies.
4. Claims and defense:
Gulupa Digital will work with trademark owners who make valid infringement claims to ensure that their rights are enforced. If an infringement claim proves to be unfounded, Gulupa Digital reserves the right to take legal or contractual action against the claimant for damages caused to the customer.
5. Customer Responsibility:
The Client is solely responsible for any trademark infringement committed on its website or content hosted on our servers. This includes the obligation to:
- Indemnify and defend Gulupa Digital against any claim, damage or loss arising from trademark infringement in the Client's content.
- Assume the legal costs associated with any dispute arising from the unauthorized use of a registered trademark.
6. No refund or reimbursement:
If Gulupa Digital terminates the business relationship with a Client due to trademark infringement, no refund or reimbursement will be made, regardless of whether the Client has used the service in full or in part. This measure is to ensure the protection of intellectual property rights and prevent infringers from profiting from the continuity of services without resolving the issue.
7. Disclaimer:
Gulupa Digital is not responsible for the legality of the use of trademarks by the Clients. It is the Client's sole responsibility to ensure that all content used, including trademarks, is used legally and in accordance with applicable regulations. Gulupa Digital will also not be responsible for any legal action that trademark holders may take against the Client.
8. Cooperation with authorities:
In the event of serious breaches, Gulupa Digital will fully cooperate with the competent judicial authorities in the investigation and resolution of the breach. This may include the provision of relevant data or immediate suspension of the service without prior notice, where required by law.
9. Preventive measures and recommendations:
To prevent trademark infringements, Gulupa Digital recommends the following best practices to its clients:
- Conduct a pre-audit of all content to be used on your websites or digital services, ensuring that it does not infringe the intellectual property rights of third parties.
- Consult an intellectual property attorney for advice on the use of trademarks, especially in the digital realm.
- Maintain clear and up-to-date records of all licenses and permissions obtained for the use of trademarks on your site.
Information Policy Stored Upon Expiration of Hosting Service
Gulupa Digital provides a range of digital services, including web hosting. This policy sets out the procedures and responsibilities regarding information stored on our servers once the Client's hosting service has expired and has not been renewed.
1. Responsibility for stored information:
After the hosting service expires, Gulupa Digital assumes no responsibility for the information hosted on its servers. If, after 7 calendar days Since the expiration date, no compensation has been received for the renewal of the service, Gulupa Digital reserves the right not to retain or manage the stored information, which may include:
- Databases.
- Website files (HTML, CSS, JS, PHP or other programming languages).
- Emails associated with hosting accounts.
- Multimedia files or any other data stored on Gulupa Digital servers.
It is the customer's responsibility to renew before this deadline to avoid any data loss.
2. Deletion of stored information:
Once 7 days have passed after the expiration of the service, Gulupa Digital may, at its sole discretion, permanently delete all files and information stored on its servers without prior notice. This includes, but is not limited to:
- All files related to the Client's website.
- Backups stored on Gulupa Digital servers.
- Emails and email account data associated with the hosting service.
- Any other information related to the Client's hosting account.
The deletion of data will be irreversible, and Gulupa Digital will have no obligation to store or recover deleted files, so the Client must ensure that they make a backup of important information before the expiration of the service.
3. Renewal of the hosting service:
To avoid the deletion of stored information, the Client must renew the hosting service and pay the corresponding fee. before the due dateIf the Client does not renew their service on time, Gulupa Digital will not guarantee the continuous availability of the website, emails, or any other stored data.
- Expiration Notice: Gulupa Digital will, as a courtesy, attempt to send expiration notifications in advance. However, the final responsibility for completing the renewal on time rests entirely with the Client.
- Temporary suspension: After the service expires and before the data is completely deleted, access to the website and associated email services will be temporarily suspended. The customer will not be able to access or make changes to his or her information until renewal is complete.
4. Information backup:
It is the sole responsibility of the Client to make a complete backup of all information stored on the servers before the due date of the hosting service. Gulupa Digital is not responsible for any loss of data that occurs after the expiration of the service. It is recommended that the Client maintain frequent backup copies of:
- Website Archives.
- Databases.
- Emails and any other files hosted on the servers.
5. Procedure in case of non-payment or delay:
In the event that the Client does not make the payment for the renewal of the hosting service within the stipulated period, in addition to the elimination of the information, Gulupa Digital may:
- Suspend hosting service immediately, which will result in inaccessibility of the website and associated email accounts.
- Impose additional charges for restoration if the Client requests to reactivate the service after the expiration date and if the information has not yet been deleted.
- If the Client accumulates recurring delays in the renewal of its hosting service, Gulupa Digital reserves the right to apply advance payment terms for future renewals.
6. Service restoration and data recovery (if applicable):
If Customer information has not yet been deleted after expiration, Gulupa Digital may, at its discretion, allow restoration of service if Customer pays any overdue fees. This may include an additional charge for the data recovery and the service reactivation, if applicable.
- In the event that information has been deleted, it will not be possible to restore any data, and Gulupa Digital assumes no responsibility for such loss.
7. Migration to another hosting provider:
If the Client decides not to renew the service with Gulupa Digital and chooses to migrate to another hosting provider, he/she must migrate all his/her files and information. before the due date of the service. Gulupa Digital will not provide assistance or additional time to perform the migration once the service has expired, unless previously agreed.
- The client must ensure that their files, databases and any other necessary information are transferred to their new hosting provider prior to deleting the data stored on Gulupa Digital's servers.
8. Disclaimer:
Gulupa Digital will not be liable for data loss, service interruptions or any other damage resulting from the Client's failure to renew the hosting service. The deletion of information after expiration is within Gulupa Digital's sole right and will not be negotiable once executed.
Data Backup and Recovery Policy
Gulupa Digital offers a variety of digital services to its customers, including web hosting and data storage services. This policy governs our practices in relation to the backup and recovery of information stored on our servers, setting out the procedures and responsibilities applicable to our customers.
1. Information backup:
Gulupa Digital does not guarantee or undertake to make backups of the information stored on its servers, unless the Client has contracted expressly a backup service. It is the Client's sole responsibility to implement its own backup practices to protect its information and data in the event of loss or service failure.
- Hiring backup service: If the Client wishes to have automatic backups managed by Gulupa Digital, he/she must explicitly contract this service. These backups will be carried out according to the terms agreed in the contracted plan (daily, weekly, monthly, etc.).
- Backup Recommendations: Gulupa Digital strongly recommends that clients perform regular backups of their information. This includes databases, website files, emails, and any other critical information.
- Disclaimer for lack of support: In the event of data loss, Gulupa Digital will not be liable if the backup service has not been contracted. Any data recovery will be subject to the availability of backups that the Client has made at its own expense.
2. Temporary file storage:
In situations where the Client terminates its service or does not renew its contract, Gulupa Digital may, at its sole discretion, temporarily store the Client's files and information for a period of 5 calendar days. This storage will be temporary and unsecured, which means that:
- Gulupa Digital does not guarantee the integrity or availability of the files during this period.
- After 5 days, Gulupa Digital reserves the right to permanently delete all data without notice and without any liability to the Client.
It is important for customers to back up their information before the end of the service to avoid permanent data loss.
3. Data loss:
Gulupa Digital will not be liable for any loss of Client data or information resulting from events beyond its control, including but not limited to:
- Natural disasters: Earthquakes, floods, fires or other force majeure events.
- Power failures: Unexpected power outages affecting server or data center infrastructure.
- Cyber attacks: Hacks, malware infections, ransomware, denial of service (DDoS) attacks, or any other type of attack that compromises the security or integrity of data.
- Hardware or software failures: Failures in hard drives, servers or software that may compromise the accessibility or integrity of stored data.
Since there is no foolproof system to completely protect against these events, the Client is responsible for making and maintaining its own backups on a regular basis.
4. Data Recovery:
If the Client has contracted the backup service and a loss of data occurs, Gulupa Digital undertakes to make reasonable efforts to recover the data using the most recent backups available. However:
- Limitation in recovery: Gulupa Digital does not guarantee complete or accurate recovery of information, and data restoration will be subject to the integrity of the backup available at that time.
- Data Recovery Cost: If the Client has not contracted a backup plan, but requests a data recovery, Gulupa Digital reserves the right to apply a additional charge by the recovery process, subject to the technical feasibility of such recovery.
- Recovery Request: The Client must notify Gulupa Digital of the loss of data immediately to assess recovery options. The response time and success of the recovery will depend on the type of backup contracted and the age of the backups.
5. Scope of backup service:
In case the Client has contracted a backup plan managed by Gulupa Digital, it is important to understand the scope of said service, which may vary depending on the contracted plan:
- Backup Frequency: Backup plans can be performed at daily, weekly or monthly intervals, depending on what is contracted.
- Types of data supported: Not all plans include backup of emails, databases or media files. Customer should check the details of their plan to ensure critical data is covered.
- Backup retention period: Backups are typically retained for a limited period. That is, older backups may be deleted as new backups are generated. The Customer should refer to the contracted plan for details on the retention of their backups.
6. Backup Service Exclusions:
Gulupa Digital is not responsible for backing up or guaranteeing the recovery of information in the following cases:
- If the Client has not contracted a backup plan.
- If the data loss was caused by direct actions of the Client or third parties, such as accidental deletions or the installation of unauthorized software that compromises the integrity of the system.
- If the data loss was caused by a breach of security policies by the Client.
7. Customer Responsibility:
The client has the obligation to maintain adequate backup practices and to ensure the integrity of your data. This includes:
- Perform regular backups to external media.
- Ensure critical information is properly backed up.
- Notify Gulupa Digital of any issues related to data backup or recovery as soon as they are detected.
8. Cooperation in data recovery:
In the event that data recovery is required, Gulupa Digital will request the full cooperation of the Client, including the provision of any relevant information that will facilitate the recovery process. This includes, but is not limited to:
- Details about the specific data that needs to be recovered.
- Information about possible causes of data loss (e.g. installation of new programs, changes in settings, etc.).
Customer Information Storage and Retention Policy
At Gulupa Digital, we understand the importance of protecting our Clients' sensitive information, such as access credentials, passwords and other data necessary for the configuration and management of the contracted Services. This policy establishes Gulupa Digital's commitments regarding the handling, storage and elimination of said information, guaranteeing its security and the integrity of the Client's data.
1. Information storage:
During the process of providing the Services, Gulupa Digital may require access to sensitive information provided by the Client, such as passwords, server access credentials, email platforms, hosting services, domains or payment gateways. The management of this information will be carried out under the following parameters:
- Limited duration: The information provided by the Client will be stored only for the time necessary to complete the configuration or provision of the corresponding Service. Once the provision of the Service has ended or reached its final phase, Gulupa Digital will securely delete this information from its systems, unless its retention is necessary for maintenance or ongoing support.
- Periodic access required: In the event that, due to the nature of the contracted Services, it is necessary to periodically access the Client's credentials or information, Gulupa Digital will store said information securely for the duration of the contractual relationship or active service.
- Security and encryption: All sensitive data stored will be encrypted using robust methods to ensure its security. Gulupa Digital implements security practices that meet the highest industry standards, preventing unauthorized access and protecting data against any vulnerabilities.
2. Retention and deletion of information:
The retention of Client data will be strictly limited to the period in which such data is necessary for the correct provision of the Services. Gulupa Digital will adopt the following practices:
- Elimination upon completion of Service: Once the contracted service has been completed or terminated, and the use of the information provided is no longer necessary, we will proceed to the safe removal of all credentials, passwords and any other sensitive data of the Client from our systems. This deletion will be definitive and will be carried out in accordance with established security protocols to ensure that the data cannot be recovered.
- Security recommendations for the Client: Gulupa Digital strongly recommends that the Client, once the configuration process or provision of the Service has been completed, change the passwords and credentials provided to ensure maximum security of their information. The Client is responsible for managing access to their accounts and ensuring that their credentials are up to date and protected.
3. Gulupa Digital Commitment:
Gulupa Digital is committed to managing Client information with the utmost diligence and under strict security measures, in order to protect the privacy and integrity of the Client. Among the commitments assumed by the company, the following stand out:
- Transparency and communication: Gulupa Digital will maintain clear and transparent communication with the Client at all times, notifying when the information provided is no longer necessary for the provision of the Services or when the configuration process has been completed. At all times, the Client will be informed about the status of their data and the deletion thereof when appropriate.
- Rigorous security practices: Gulupa Digital adopts the best security practices in the industry, complying with current regulations regarding the processing of personal and confidential data. This includes the use of advanced encryption techniques, password management and restricted access policies to ensure that only authorized personnel have access to the information provided by the Client.
4. Disclaimers:
The Client acknowledges and agrees that Gulupa Digital shall not be liable for any consequences arising from the Client's failure to update passwords or credentials once the Service has been concluded. The Client is responsible for:
- Update passwords and credentials provided to Gulupa Digital once access is no longer required.
- Implement your own security measures to protect access to your systems, accounts and platforms.
Gulupa Digital will not be liable for any security breach that occurs due to the Client's negligence in updating or protecting its credentials.
5. Collaboration with the Client:
In the event that it is necessary to provide continuous access to the Client's accounts or systems for the maintenance or support of the Services, Gulupa Digital will request the Client's cooperation to keep the information provided up to date, thus ensuring an adequate level of security throughout the contractual relationship.
The Client must notify Gulupa Digital of any change in their access credentials or any other data relevant to the maintenance of the Services, thus allowing a continuous and secure flow in the provision of the same.
General maintenance and support policy
Gulupa Digital offers a full range of maintenance and technical support services for its Clients' websites and virtual stores. This policy defines the scope, exclusions and conditions of the maintenance and support service to ensure optimal operation of the managed sites. By contracting these Services, the Client accepts the conditions described here.
1. Scope of maintenance and support:
Gulupa Digital's maintenance and support covers exclusively websites and virtual stores that have an active maintenance service. This service is limited to the following actions, depending on the plan contracted:
- Version update: CMS, themes and plugins will be updated as long as these updates do not affect the functionality of the website. Any incompatibility or problem resulting from an update must be treated as a new requirement, subject to an additional quote.
- Information backup: Periodic backups of the website and its databases will be carried out in accordance with the contracted plan. The backups will be kept securely for the period specified in the contract. Data recovery from the backups will be carried out at the Client's request, whenever possible and within the agreed period.
- Functional maintenance: The website or online store is guaranteed to remain in a functional state, including the repair of minor errors that affect the general operation of the site, such as broken links, forms that do not work or images that do not load correctly.
- Content Modification: Updating textual or graphical content at the Client's request, according to the terms agreed in the support plan. This includes replacing images or modifying pre-existing texts.
2. Maintenance and support exclusions:
Gulupa Digital's maintenance and support service No includes the following, unless contracted separately:
- Custom design or programming modifications: Any changes to the structure, design, or additional functionality of the website or online store that are not covered by the maintenance plan must be quoted separately. This includes the creation of new sections, complete or partial redesigns, modifications to the source code (PHP, JavaScript, CSS, etc.), or additional third-party integrations.
- Incompatibilities resulting from updates: If a CMS, theme or plugin update results in an incompatibility affecting the website, the man hours required to resolve the issue must be quoted and pre-approved by the Client.
3. Disclaimer:
Gulupa Digital No will be responsible for any operational problems, loss of data or any other incident that occurs when:
- The Client (or a third party designated by him) has altered, modified, removed or manipulated the plugins, PHP code, configurations or any other component of the website without the prior knowledge and approval of Gulupa Digital.
- The Client uses third-party software, custom code or configurations that do not comply with Gulupa Digital's standards and recommendations, which could compromise the security, integrity and stability of the site.
4. Support hours:
Technical support service is available within the regular business hours from Gulupa Digital, which is from Monday to Friday, on business days, at the following times:
- Opening hours: 8:00 am – 6:00 pm (Local time in Colombia).
- Support requests received outside of these hours will be attended to on the following business day. The Client may send their requests through the established contact channels, and the support team will be responsible for assigning and resolving the incidents according to their priority.
5. Prioritization of support requests:
Support requests will be answered in order of arrivalHowever, Gulupa Digital reserves the right to prioritize those requests that involve critical system failures or that significantly affect the operation of the Client's website or virtual store. Requests that do not represent an emergency may have longer response times depending on the workload of the support team.
6. Termination of Support Service:
Gulupa Digital reserves the right to suspend or terminate the support service in the following cases:
- If the Client incurs abusive or disrespectful behavior towards support staff, including threats, harassment or any inappropriate conduct.
- If the Client violates the Terms and Conditions of Services or any other applicable Gulupa Digital policy.
- If it is detected that the Client has made unauthorized modifications in the code or in the site configurations that compromise its operation, which will void Gulupa Digital's responsibility for future technical problems.
7. Renewal and payment of support service:
The maintenance and support service is renewable on a monthly, quarterly or annual basis, depending on the conditions of the contract. If the Client does not make the renewal payment on the stipulated date, Gulupa Digital will suspend the service immediately, including any updates, backups or support requests. Additional costs for reactivating the service, once suspended, will be assumed by the Client.
8. Limitations of liability for falls or interruptions:
Gulupa Digital will not be liable for any interruptions in the support service due to causes beyond its control, such as failures in third-party infrastructure (hosting servers, network providers, etc.), large-scale technical problems, or natural disasters. However, it undertakes to make all reasonable efforts to restore the service as soon as possible in the event of an interruption.
Maintenance and support policy for new websites
At Gulupa Digital, we understand the importance of ensuring our Clients' websites are kept secure, up-to-date and fully operational from the moment they are delivered. As part of our commitment to the quality and success of each project, we offer a comprehensive maintenance and support service free of charge for new websites we develop. This policy details the terms and conditions of the support offered during the first year following delivery of the website.
1. Duration of support service:
Gulupa Digital will provide free maintenance and technical support service for a period of one (1) year from the delivery date official website. This support is included in all web development projects unless otherwise specified in the initial quote or contract. The purpose of this period is to ensure that the website is functioning properly, is protected, and is kept up to date for the first 12 months after its launch.
2. Support service coverage:
The support and maintenance service for new websites includes a series of actions designed to keep the site operational, secure and up-to-date. Depending on the support plan selected by the Client, this may include, but is not limited to, the following:
- Software and component update: Performing regular updates to WordPress (or the corresponding CMS), plugins and themes, to ensure that the site is up to date with the latest versions, improving both functionality and security.
- Safety protocols: Implementing and maintaining advanced security measures to protect the site against common threats such as malware, hacking attempts, and other vulnerabilities. This includes ongoing monitoring for security threats and correcting issues related to them.
- Periodic website backup: Will be carried out automatic backups of the website and its databases, on a weekly or monthly basis, depending on the support plan. These backups will be stored in a secure environment and will be available in case the website needs to be restored due to data loss or technical failures.
- Ongoing technical support: Support for technical requests and resolution of problems related to the performance or functionality of the website. This support includes the correction of minor errors and optimization of the website to ensure a smooth experience for both the Client and its users.
3. Exclusions from free support:
During the free support period, not included structural or design modifications not contemplated in the initial project. This includes:
- Changes to the user interface (UI) or user experience (UX).
- Development of new functionalities or additional integrations.
- Modifications to the source code that require additional programming work.
Any request outside the scope of free support must be quoted separately, under a new service contract.
4. Termination of Support Service:
Once the free support period has ended, the actions that Gulupa Digital performs on the website will be interrupted, unless the Client decides to renew the support service. The following measures, implemented during the first year, will be deactivated at the end of this period:
- Disabling additional security shields: Advanced security protocols, set up to protect the site, will be disabled, potentially leaving the site vulnerable to cyber attacks if a new support plan is not purchased.
- Stop updates and backups: Software, plugin and template updates, as well as automatic backups, will no longer be managed by Gulupa Digital.
5. Customer Responsibility after Support:
After the free support period ends, the maintenance responsibility of the site rests with the Client. Gulupa Digital strongly recommends continuing with an active support plan to ensure the site remains secure, up-to-date, and fully operational.
- Safety recommendations: We advise our Clients to regularly review and update site components and security measures to prevent vulnerabilities. If you do not continue to receive support from Gulupa Digital, we recommend finding a reliable provider for these services.
6. Renewal of support service:
The Client has the option to renew the support and maintenance service with Gulupa Digital at the end of the first free year. The renewal ensures the continuity of:
- Software and plugin updates.
- Periodic data backup.
- Maintaining advanced security protocols.
The cost of the renewal will be detailed in a separate quote, and Gulupa Digital is committed to offering customized plans that fit the Client's needs and the complexity of their website.
7. Importance of continuous maintenance:
It is crucial that the Client understands that the lack of ongoing support and maintenance can compromise the security and functionality of your website. A website that is outdated or without adequate security measures is more susceptible to hacking, data loss, or performance failures.
Gulupa Digital urges its Clients to assess the importance of regular technical maintenance to ensure the longevity, protection and efficiency of your website. Support renewal not only guarantees a secure site, but also protects the investment made in the development of the project.
Cybersecurity Policy
At Gulupa Digital, we are committed to providing high-quality digital services, including web design and development, social media advertising, SEO, and other related services. However, it is crucial to understand that cybersecurity is a shared responsibility between Gulupa Digital and our clients.
- Customer Responsibility:
The Client is primarily responsible for ensuring the integrity and security of its own digital environment, including websites, social media accounts, and any other digital services associated with the Services provided by Gulupa Digital. This entails:- Use strong passwords and change them regularly.
- Ensure the correct security configuration of your digital systems and platforms.
- Monitor and manage user access to your systems.
- Implement appropriate security measures, such as firewalls, intrusion detection systems and anti-virus software.
- Make regular backups of all important data.
- Maintain an active technical support service for your websites, whether provided by Gulupa Digital or another trusted provider, to resolve incidents, implement security updates and keep the website in optimal conditions.
- Updates and security patches:
It is essential that the Client keeps all systems and applications related to its digital environment up to date to avoid security vulnerabilities. This includes:- Client Systems: Ensure that all operating systems, software and management tools used in your digital infrastructure are kept up to date with the latest security patches. Gulupa Digital is not responsible for security breaches resulting from the Client's failure to update.
- Websites without a support plan: If the Client has not contracted a WordPress support and maintenance plan with Gulupa Digital, it is their responsibility to update WordPress, plugins and themes used on their website to prevent vulnerabilities. Failure to apply these updates exposes the website to cyber attacks and other threats.
- Access and permissions management:
Access control is key to maintaining the security of the Client's digital environment. It is recommended that:- Assigning roles and permissions: The Client must assign appropriate roles and permissions to each member of its team to limit access to only those users who need it.
- Minimum Access Policy: Apply the principle of least access, that is, grant each user the lowest privileges necessary to perform their tasks, which reduces the risk of unauthorized access.
- Access audit: It is recommended that periodic audits be conducted to review who has access to which resources and revoke unnecessary permissions, especially when an employee or contractor no longer works for the Client.
- BYOD Policies:
If the Client's employees use personal devices (such as laptops, smartphones, or tablets) to access the Services provided by Gulupa Digital, clear security policies must be established. These include:- Mobile Device Security: Ensure that the devices used are protected with strong passwords or biometric authentication, and that they have antivirus software and up-to-date updates.
- Secure connection: Ensure that remote access to systems provided by Gulupa Digital is done through secure and encrypted connections, such as the use of a VPN.
- Access to critical resources: Limit the use of personal devices to access critical or sensitive Client resources, and ensure that such devices comply with established security standards.
- Cybersecurity training and awareness:
Gulupa Digital recommends that the Client implement cybersecurity training programs for its team in order to raise awareness of potential threats and encourage best security practices. This training should include:- Cyberattack simulations: Conduct regular drills on phishing attacks and other hacking techniques so that employees know how to identify and react to security breach attempts.
- Password Management Training: Educate employees on the importance of using strong passwords and managing them properly, as well as on the use of strong password management tools.
- Continuous update: Establish ongoing training programs to keep your team up to date with the latest cybersecurity threats and ways to mitigate them.
- Gulupa Digital Disclaimer:
Gulupa Digital will not assume any liability for any loss, damage, service interruption, or any other consequence related to hacking, cyber attacks, or any other type of security breach affecting the Client's digital systems or services. This includes, but is not limited to:- Unauthorized access to the Client's systems or data.
- Loss or theft of data.
- Damage caused by malware, ransomware, phishing, or any other type of cyber attack.
- Interruptions or malfunctions of the Services caused by distributed denial of service (DDoS) attacks or other hacking tactics.
- Cooperation in security incidents:
Although Gulupa Digital is not responsible for the security of the Client's digital environment, we are committed to cooperating with our clients to provide assistance and guidance in the event of a security incident. This may include:- Advice on security best practices.
- Technical support for the recovery of services affected by a security incident, subject to the availability and terms of our technical support services.
- Recommendations for preventive measures to avoid future security incidents.
Cybersecurity Incident Response Policy
Effective security incident management is crucial to minimise the negative impact on our clients’ operations and reputation. Gulupa Digital is committed to working closely with clients to respond quickly and effectively to any security incident affecting their systems, websites or digital services.
- Security Incident Notification:
- Detection by the Client:
The Client is responsible for informing Gulupa Digital as soon as it detects any suspicious activity or cybersecurity incident that may compromise the integrity, confidentiality or availability of its website, systems or associated services. Notification must be made immediately through the established channels:- Support ticket.
- Email to support@gulupadigital.com.
- Message via WhatsApp to +573233675244.
- Detection by Gulupa Digital:
If Gulupa Digital detects any anomalous activity or cybersecurity incident related to the Services provided, we undertake to notify the Client immediately through the registered means of contact.
- Detection by the Client:
- If you have active support:
- Immediate notification:
Customers who have contracted an active support and maintenance service with Gulupa Digital must report any cybersecurity incident through the aforementioned channels. This notification is essential to activate the incident response protocol. - Gulupa Digital's response:
Gulupa Digital will be responsible for analyzing and resolving the cybersecurity incident within its scope, which includes but is not limited to:- Cleanup of compromised hosting accounts.
- Identification and removal of malware, viruses or malicious scripts.
- Restoring the affected website or service to the latest backed up version.
- Implementation of containment measures and blocking of unauthorized access.
These actions will be performed at no additional cost as part of the contracted support service.
- Continuous monitoring and support:
During the incident response and resolution process, Gulupa Digital will keep the Client informed about the progress of the intervention. We will provide regular updates on the status of the incident and the measures implemented to restore the services to their optimal state. - Post-incident analysis:
Following resolution of the incident, Gulupa Digital will provide a detailed analysis of the incident, including recommendations to improve security measures and prevent future attacks.
- Immediate notification:
- If you do not have active support:
- Mandatory notification:
In the event that a Client without active support detects a cybersecurity incident, they must immediately inform us via a message to the email support@gulupadigital.com or a message via WhatsApp to +573233675244. Timely notification is crucial to limit the extent of damage and speed up resolution. - Diagnosis and alternatives:
Gulupa Digital will provide a preliminary diagnosis of the incident, detailing the nature of the attack or vulnerability, as well as possible alternatives for resolution. This diagnosis will include an assessment of the extent of the damage and an action plan to mitigate the impact. - Service Agreement:
Before proceeding with the resolution of the incident, Gulupa Digital will agree with the Client the scope of the service and the associated costs. The options and prices will be transparent, and the Client must confirm the agreement in writing before commencing any work.
- Mandatory notification:
- Immediate containment measures:In critical situations where the security incident may continue to escalate, Gulupa Digital will implement rapid containment measures, such as temporarily deactivating accounts, suspending the website, or blocking suspicious access, to prevent further damage while the resolution is carried out.
- Recovery and restoration:In all cases of security incidents, Gulupa Digital will make every effort to restore compromised systems or websites to their operational state. This includes:
- Restoration from previous backups if they are available and up to date.
- Review security configurations and access policies.
- Security patch update for detected vulnerabilities.
- Post-incident recommendations:After each incident, Gulupa Digital will provide a report with recommendations and preventative measures to prevent future attacks. These recommendations may include:
- Implementation of additional security measures, such as firewalls or intrusion detection systems.
- Strengthening passwords and access policies.
- Regular update of all systems and plugins.
- Hiring ongoing support services to proactively monitor the Client's digital environment.
- Incidents related to the use of personal devices (BYOD):If the incident is related to the use of the Client's personal devices or equipment (such as laptops, tablets or smartphones) to access the systems, Gulupa Digital will provide recommendations to manage these devices securely, such as:
- Use of antivirus and mobile device management (MDM) software.
- Establish clear security policies for BYOD devices.
- Ensuring that access to critical systems is only via secure and trusted networks.
- Cybersecurity training and awareness:Gulupa Digital recommends that all clients conduct regular cybersecurity training for their employees and users, to increase awareness of potential threats. We offer guidance on:
- Identifying common phishing attempts and cyberattacks.
- Best practices for password management and system access.
- Recommended safety measures to reduce the risk of future incidents.
- Disclaimer:
While Gulupa Digital is committed to providing assistance to the extent possible, we assume no liability for cybersecurity incidents resulting from the Client's negligence, failure to implement security recommendations provided, or failure to fulfill its responsibilities regarding the secure management of its digital environment.
Licensing Policy
At Gulupa Digital we offer a variety of digital services that may involve the use of software, licensed content, or intellectual property. This Licensing Policy sets out our practices and expectations for the proper use of these licenses.
1. Software licenses: Some of our services may require the use of software that is licensed directly to Gulupa Digital or through third party providers. The Client is not permitted to:
- Use, copy, modify, distribute, decompile, disassemble or reverse engineer such software, without our express written permission.
- Transfer, sublicense or resell the software or associated licenses, since the rights of use are limited to the purposes contracted with Gulupa Digital.
Exclusions and limitations: In some cases, Gulupa Digital may license third-party software for specific projects. Such software may be subject to additional terms imposed by the software provider, which the Client must comply with.
2. Content Licenses: Some services provided by Gulupa Digital include licensed content, such as images, graphics, text, videos or any other intellectual property material. The Client is not permitted to:
- Use, copy, modify, distribute, publicly display or otherwise exploit the licensed content without the express consent of Gulupa Digital or the license holder.
- Using licensed content outside the specific scope and purpose for which it was acquired or provided.
Third party content: Gulupa Digital may use licensed third party content to fulfill the contracted services. The Client is responsible for ensuring that any content provided by themselves complies with intellectual property laws, and that they possess the necessary rights to use such content. Gulupa Digital assumes no responsibility for copyright or license violations associated with content supplied by the Client.
3. License to use Client content: By using our services, the Client grants Gulupa Digital a limited, non-exclusive, revocable, non-sublicensable license to use, modify, reproduce and distribute any content provided by the Client, to the extent necessary to:
- Provide the contracted services.
- Improve the functionality of the Client's projects.
- Promote Gulupa Digital services (only with the express consent of the Client).
License revocation: Once the contract or service has ended, the Client may request the revocation of this license, except in cases where Gulupa Digital must retain limited usage rights due to legal or contractual requirements, such as backup copies.
4. Custom or additional licenses: In the event that a Client requests additional software, plugins, tools or content that requires the purchase of specific licenses, it will be the Client's responsibility to acquire such licenses, unless Gulupa Digital has committed in writing to manage them.
If Gulupa Digital acquires such licenses on behalf of the Client, the cost will be billed additionally, and the Client will be considered the license holder from the moment of acquisition.
License Violation: Gulupa Digital has a zero tolerance policy towards infringement of licenses or intellectual property rights. If we find that the Client has infringed a license related to our services, we may take the following actions, at our sole discretion:
- Immediate suspension or termination of services without notice.
- Removal of any content that infringes licenses from our systems and servers.
- Notification to the competent legal authorities to proceed with the corresponding sanctions.
- Filing legal action for damages, including seeking compensation for unauthorized use of licensed software or content.
Customer Responsibility: The Client is solely responsible for ensuring that any software or content provided for use on Gulupa Digital's services complies with applicable licensing and intellectual property laws. Any infringement of licenses by the Client will be grounds for penalties, and Gulupa Digital reserves the right to claim compensation for damages arising from such infringement.
5. Liability for licenses in external services: If the Client uses external services or third-party platforms integrated with Gulupa Digital services (such as payment gateways, email services, marketing tools, among others), it is the Client's responsibility to ensure that it has the appropriate licenses for those services.
Gulupa Digital is not responsible for license infringements in third-party services used by the Client in combination with the services we provide.
Terms of use for external services
At Gulupa Digital we use, integrate and recommend a number of external services to optimize the performance and functionality of our clients' projects. This policy sets out the terms under which the Client must make use of these services and the associated responsibilities.
- Selection of external services: Gulupa Digital may integrate or recommend third party services, such as hosting providers, payment gateways, analytics services, marketing platforms and others. The final choice of the external service, unless specifically recommended, will be the responsibility of the Client.
- Responsibility for accounts and subscriptions: The Client is responsible for creating, managing and maintaining active subscriptions to the external services necessary for the operation of its project. This includes, but is not limited to, paying associated fees and updating payment information.
- Terms and conditions of external services: Each external service used in a project is subject to the terms and conditions of that provider. It is the Client's responsibility to review, understand and accept these terms prior to the implementation of the services. Gulupa Digital will not be liable for violations of the terms of external services.
- Limitation of liability for external services: Gulupa Digital assumes no responsibility for failures, errors or interruptions in external services. Any technical problems, suspension of services or loss of data related to such services must be resolved directly with the external provider.
- Integration and support: Gulupa Digital provides support for the initial integration of external services within projects. However, any additional technical support related to the internal operation of the external service must be requested directly from the corresponding provider.
- Appropriate use of external services: The Client undertakes to use the external services appropriately, respecting the limits of use established by the providers and the applicable regulations. Gulupa Digital will not be responsible for improper use or violations of the terms of the external services.
- Updates and changes to external services: Gulupa Digital does not control or guarantee the continuity of the terms, prices or characteristics of external services. Any changes made by the providers of these services must be managed directly by the Client.
Plugin Update Policy
Keeping your website plugins up to date is vital to ensure security and optimal system performance. Gulupa Digital offers update and maintenance services as part of our support plans, but the ultimate responsibility lies with the Client if such service has not been contracted. These are our plugin update policies:
1. Customer Responsibility:
- Ongoing maintenance: The Client is responsible for performing regular updates to its systems, including CMS, plugins and themes for its website. Failure to perform these updates may expose the website to security vulnerabilities and performance issues.
- Safety and performance: Regular plugin updates are crucial to fix security flaws, improve performance, and ensure compatibility with the latest CMS versions. Lack of updates can compromise website stability and security.
2. Gulupa Digital Services:
- Support Plans: For those clients who hire our maintenance services, Gulupa Digital will take care of the necessary updates, keeping the system safe and efficient. This includes updating CMS, plugins and themes, ensuring that everything is up to date with the latest published versions.
- Update process: Updates will be carried out in a controlled manner, with prior testing in staging environments (when available), to ensure that there are no interruptions in the functionality of the website. In the event of detecting compatibility problems, the Client will be informed so that the necessary actions can be taken.
- Automatic critical updates: In cases of critical vulnerabilities, Gulupa Digital may activate automatic updates on affected plugins or themes, even if the Client does not have an active support plan, to protect the website from potential attacks or security breaches.
3. Risks of not updating plugins:
- Security breaches: Failure to update plugins may expose the site to security risks, including cyber attacks and unauthorized access. Gulupa Digital is not responsible for damage or loss caused by vulnerabilities in outdated plugins when there is no maintenance plan contracted.
- Compatibility and performance: Outdated plugins can cause conflicts with new versions of the CMS or other plugins, which can affect the performance of the site or even cause its downtime. These compatibility issues may require intervention from the technical team, with additional costs.
4. Manual updates by the Client:
- Responsibility for manual updates: If the Client decides to perform the updates on their own, it is their responsibility to ensure that the operation of the site is not adversely affected. Gulupa Digital is not responsible for failures resulting from manual updates performed by the Client or by third parties hired by them.
- Tips and recommendations: Gulupa Digital recommends taking full website backups before any updates. It is essential to test updates in a test environment before deploying them to the live website.
5. Renewal of the maintenance plan:
- Renewal recommendation: Gulupa Digital recommends renewing your maintenance plan annually to ensure your website remains protected from vulnerabilities and runs optimally with the latest versions of plugins and CMS.
Unauthorized Use Policy
At Gulupa Digital we offer a variety of digital services to our customers, and we expect you to use our Services responsibly and legally. This Unauthorized Use Policy sets out our practices to protect our systems, other users, and the integrity of our Services.
1. Unauthorized use:
- You must not use our Services for any illegal activities or in any way that infringes the rights of any third party. This includes, but is not limited to:
- Using our Services to infringe any third party's intellectual property rights, patents, trademarks or copyrights.
- Using our Services to distribute spam, unsolicited email, phishing, or any type of malware or malicious software.
- Using our Services to harass, threaten, intimidate or harm other customers or users.
- Using our Services to conduct denial-of-service (DDoS) attacks or other attempts to disrupt or impair the operation of our systems or those of third parties.
- Any use of our Services that interferes with other customers' access to and enjoyment of the Services.
2. Unauthorized access:
- You must not access our Services or systems in an unauthorised manner. This includes, but is not limited to:
- Accessing our networks, servers, or computer systems without authorization or using fraudulent methods.
- Accessing or attempting to access other customers' accounts without their permission.
- Use stolen, falsified or manipulated credentials to access our Services.
- Reverse engineer, hack or circumvent security measures on our systems or software.
3. Consequences of unauthorized use:
- If we detect that you have used our Services in an unauthorized manner or accessed them without permission, we will take action at our sole discretion. These actions may include:
- The temporary or permanent suspension of your access to our Services.
- The removal of any content that we consider to be infringing or harmful.
- Notification to the competent legal authorities in the event of illegal or fraudulent activities.
- The filing of legal actions for damages caused by unauthorized use of our Services.
4. Report unauthorized use:
- If you suspect that someone is using our Services in an unauthorized manner, we ask that you notify us immediately. You can do so by contacting us through the designated support channels. We will investigate all reports and take any action we deem appropriate to protect our systems and our customers.
Trade Debtors Policy
Gulupa Digital is committed to providing high quality services to our customers. However, if a Customer fails to pay the balance due for services provided within the specified time frame, we reserve the right to take necessary measures to protect our interests. This Trade Debtors Policy sets out our practices in this regard.
1. Late payment:
- If, after 30 calendar days from the completion of the project or the issuance of the sales invoice, whichever occurs first, we have not received payment for the balance due from the Client, nor has a formal payment agreement been reached, we will consider the account to be in default.
- Gulupa Digital reserves the right to suspend any ongoing service, including hosting, maintenance or support related to the project in default, until the financial situation is regularized.
2. Transfer of ownership:
- In the event of default, ownership and all rights related to the design and development of the project will automatically pass to Gulupa Digital. This includes, but is not limited to, copyright, intellectual property rights and any other ownership rights over the project.
- Gulupa Digital may dispose of the project and its components, use them, modify them, sell them or transfer them at its sole discretion.
3. Deletion of Customer Information:
- Upon transfer of ownership of the project to Gulupa Digital, all information related to the brand or the Client will be removed. This includes, but is not limited to, logos, trade names, trademarks, and any other identifying information.
- The Client loses any right to use the delivered version of the project until payment has been regularized and an agreement has been reached with Gulupa Digital.
4. Issuance of credit note:
- Once the ownership of the project has been transferred to Gulupa Digital, we will issue a credit note for the value of the outstanding balance in the name of the Client. This credit note will be issued in accordance with the tax laws and regulations in force in Colombia.
- The outstanding balance will remain in effect until the Client regularizes its debt, at which time a new negotiation may be agreed for delivery or access to the project, subject to the conditions determined by Gulupa Digital.
5. Legal actions and debt collection:
- If after the transfer of ownership the Client still fails to meet its payment obligations, Gulupa Digital reserves the right to initiate legal proceedings to collect the debt.
- Any additional costs related to collection, including legal fees, late payment interest and other expenses, will be charged to the Client.
Completion and migration policy for web projects and virtual stores
Gulupa Digital offers website and online store development services. This policy sets out the conditions under which the completion, approval, payment and migration of such projects will be carried out.
1. Approval and billing:
- Once the website or online store is fully developed, tested and hosted on a staging server (usually on a subdomain of proyectosgulupa.com), final approval will be requested from the Client to proceed with the delivery of the project.
- Upon receiving approval from the Client, an invoice will be issued for the remaining balance of the project.
2. Payment of the remaining balance:
- The Client must pay the remaining balance of the project within 30 calendar days from the invoice being issued. Payment validation is an essential requirement to begin the process of migrating the project to the Client's final domain.
3. Start of technical support:
- The technical support period for the project will begin to run from the date of issue of the invoice, regardless of the migration to the Client's final domain, and will last for 1 year, unless otherwise indicated in the proposal or contract.
4. Deactivation for non-payment:
- If the Client does not make payment within 30 calendar days from the invoice being issued, the website or online store will be deactivated from the test server. Access to the project will be suspended until payment is received and validated.
- Gulupa Digital will not be responsible for temporary loss of access to the project due to non-payment, and reactivation of the site will be subject to receipt of the outstanding balance.
5. Reactivation and migration to the final domain:
- Once payment of the remaining balance has been received and validated, the website or virtual store will be reactivated on the test server, and the migration to the Client's final domain will proceed.
- The migration process will include the configuration of all the elements necessary for the project to be fully operational in its final domain.
6. Client Responsibilities:
- The Client is responsible for making payment of the remaining balance within the stipulated period to avoid deactivation of the website or virtual store on the test server.
- Customer shall provide access to resources required for migration, such as hosting server access or DNS configuration, in a timely manner so as not to delay the migration process.
7. Post-migration modifications:
- Any additional modifications requested by the Client after the migration to the final domain, which are not included in the scope of the original project, will be quoted separately and will be subject to new terms and deadlines.
Required Documentation Policy for Billing
At Gulupa Digital we are committed to maintaining transparent and efficient billing management for our clients. As part of our Terms and Conditions, we have established a specific policy for the documents required for billing of our services, especially for new clients who approve a quote.
1. If you are a Natural Person, we require the following:
- Copy of your citizenship card.
- Copy of your RUT (Single Tax Registry), if you have it.
- Location data including physical address, contact phone number and email address for billing purposes.
2. If you represent a Legal Entity, we require the following:
- Copy of the updated RUT (Single Tax Registry).
- Valid Chamber of Commerce Certificate, issued within a period of no more than three (3) months.
- Copy of the identity card of the legal representative of the entity.
3. Client Responsibilities:
- It is the Client's responsibility to ensure that all required documentation is provided in a timely and complete manner.
- The Client must ensure that the information provided is up-to-date and correct, including tax and contact information.
4. Consequences of lack of documentation:
- Gulupa Digital reserves the right to delay or deny billing if the documentation provided is incorrect, incomplete or not delivered within the established deadline.
- Failure to submit the required documentation within the stipulated time frame may result in delays in the provision of services or delivery of projects.
5. Compliance with tax regulations:
- This policy aims to ensure transparency and compliance with applicable tax regulations, ensuring that all invoices are issued in accordance with the legal regulations in force in Colombia.
- In the event of changes in tax regulations affecting the required documentation, Gulupa Digital will notify Clients to provide the additional information requested.
Intellectual Property and Licensing Policy
At Gulupa Digital, we offer a wide range of digital services and deeply value intellectual property rights. This Intellectual Property and Licensing Policy sets out our practices and terms relating to intellectual property and licensing, protecting both the interests of Gulupa Digital and our customers.
1. Intellectual property rights of Gulupa Digital:
- All intellectual property rights related to our services, including, but not limited to, copyrights, trademarks, patents, trade secrets, methodologies and other industrial and commercial property rights, are the exclusive property of Gulupa Digital, unless otherwise specified in writing.
- Any use, copying, reproduction, modification, translation, publication, transmission, distribution, public display, uploading, sale or exploitation of any Gulupa Digital content or service without our express written consent is strictly prohibited. Any unauthorized use may result in legal action and financial penalties.
- Gulupa Digital retains all rights to the projects developed until full payment for the services is made. In the event of non-payment, the copyright and any other intellectual property rights over the project will remain with Gulupa Digital, with no rights to the delivered materials by the Client.
2. Clients' intellectual property rights:
- Gulupa Digital recognizes and respects the intellectual property rights of its clients. The Client guarantees that any content provided to Gulupa Digital to be used in the projects complies with intellectual property laws and does not infringe the rights of third parties.
- The Client is responsible for obtaining the necessary licenses, permits and authorizations to use any content that is not its own in the projects developed by Gulupa Digital. In the event of infringement, the Client will indemnify and hold Gulupa Digital harmless from any resulting claims or damages.
- If the Client believes that its intellectual property rights have been infringed by any of our services or by third parties, it must notify us immediately so that we can investigate the claim and take appropriate corrective action, if warranted.
3. Limited License for Clients:
- By using Gulupa Digital's services, the Client grants us a limited, non-exclusive, revocable, non-sublicensable license to use, reproduce and distribute any content provided in connection with the contracted services.
- This license is necessary only to allow us to fulfill the scope of the contracted services, improve and promote our services, and fulfill contractual obligations to the Client.
- The license granted will automatically terminate upon completion of the project and receipt of full payment for the services, except in cases where Gulupa Digital has the right to retain the content for legal or contractual reasons.
4. Actions in case of infringement:
- Gulupa Digital has a zero tolerance policy towards infringement of intellectual property rights. If it is determined that the Client has infringed the intellectual property rights of Gulupa Digital or any third party, we may take immediate action.
- Actions may include, but are not limited to, suspension or termination of access to our services, removal of infringing content from our servers, reporting to law enforcement authorities, and seeking legal redress through court proceedings, including claims for damages.
- In the event of an intellectual property dispute, Gulupa Digital will work together with the parties involved to resolve the conflict, always protecting our interests and those of the Client, within the framework of legality.
5. Exemption and limitation of liability:
- The Client may not claim exclusive ownership of any of our products or services developed by Gulupa Digital, whether modified or unmodified, until full payment is made for them.
- Gulupa Digital is committed to delivering products and services as agreed, but makes no express or implied warranties regarding future functionality or absolute protection against breaches or cyber attacks.
- In no event shall Gulupa Digital be liable for any direct, indirect, special, incidental or consequential damages resulting from the use, unavailability or inability to use our products or services, including but not limited to loss of data, business interruption or loss of revenue.
6. Customer Responsibility:
- The Client is solely responsible for ensuring that any software, plugins, content or materials provided for projects developed by Gulupa Digital comply with licensing and intellectual property laws.
- Any infringement of intellectual property rights by the Client will be subject to legal sanctions, and Gulupa Digital reserves the right to claim compensation for damages arising from such infringement.
- The Client shall indemnify Gulupa Digital for any claim, loss or damage arising as a result of the violation of intellectual property rights or licenses caused by content provided by the Client.
7. Licenses for additional services:
- In the event that specific tools, plugins, software or content are requested that require additional licenses, the Client will be responsible for acquiring such licenses, unless Gulupa Digital has committed in writing to manage them.
- If Gulupa Digital purchases licenses on behalf of the Client, these will be billed additionally, and the Client will be considered the holder of such licenses from the moment of acquisition.
Intellectual property and rights over developments
At Gulupa Digital, we deeply value the intellectual property rights associated with the projects developed for our clients. This policy establishes the conditions under which intellectual property rights on the developments carried out by Gulupa Digital for its clients are managed.
- Ownership of developments: Gulupa Digital will retain the intellectual property of all developments, designs, source code, tools, methodologies and documentation generated during the execution of the project, unless otherwise explicitly agreed in writing in the contract. The Client will receive a limited use license for the specific purposes of the project.
- Assignment of rights: Should the Client wish to acquire intellectual property rights over the developments, he/she must expressly request this and Gulupa Digital will evaluate the possibility of assigning said rights through a separate assignment agreement. This agreement will include the cost of the assignment of rights, which will be calculated according to the value and complexity of the project.
- Using third-party tools and libraries: Gulupa Digital may use licensed third-party tools, libraries or resources in the development of the project. The ownership rights over these resources will remain with their respective owners, and the Client must respect the terms of the associated licenses.
- Customer Rights on Content: The Client shall be the owner of the rights to the content that it provides for inclusion in the project (such as text, images, videos or logos), provided that such content does not infringe the rights of third parties. The Client is responsible for ensuring that it has the necessary rights to use and distribute such content.
- Limited Use Rights: Gulupa Digital grants the Client a non-exclusive, revocable and limited right to use the developments within the scope of the contracted project. This right does not include the possibility of sublicensing, modifying or reselling the developments without the express consent of Gulupa Digital.
- Code and tool reuse: Gulupa Digital reserves the right to reuse any code, tools or methodologies developed in the course of the project for other purposes, provided that it does not infringe the Client's exclusive rights over the content provided.
- Protection of intellectual property: The Client undertakes not to modify, decompile, distribute or misuse the developments delivered, unless expressly authorized by Gulupa Digital. Any violation of this policy may result in legal action.
Refund and warranty policy
At Gulupa Digital, we provide a variety of specialized and customized digital services for our clients. Given the intangible and digital nature of these services, we do not accept returns or provide refunds, except in specific circumstances detailed below. This Refund and Guarantee Policy sets out our practices, protecting both our interests and those of our clients.
1. No refunds:
- Once the Client has signed the quote or made the payment corresponding to the value of the service, we issue the final invoice, and there will be no refund of the money. This applies regardless of whether the service has been used partially or totally, or if the Client decides not to use it after purchasing it.
- The Client acknowledges that by accepting a quote and making payment, he or she is acquiring a personalized service, which implies immediate execution of the work, limiting the possibility of reimbursement.
2. No returns:
- Due to the digital and intangible nature of our products and services, we cannot accept returns once the service has been delivered. This includes any type of partial or full delivery of the project.
- The digital products and services delivered are considered used and enjoyed by the Client from the moment they are delivered, and it is the Client's responsibility to make appropriate use of them.
3. Irrevocable intangible products:
- In the case of products and services that are irrevocable and intangible assets, such as websites, designs, digital strategies, advertising campaigns and other similar services, we do not make refunds once the product has been delivered or the service has been executed, in whole or in part.
- It is the Customer's responsibility to understand the nature of the service prior to purchasing it. Gulupa Digital strives to provide clear and detailed descriptions of the services offered. It is recommended that you read and fully understand the terms of service prior to purchasing.
4. Exceptions to the refund policy:
- Gulupa Digital reserves the right to make exceptions to this policy in cases where the description of the product or service differs significantly from that delivered. In such cases, the Client must submit a formal and documented claim for evaluation.
- If the service is found to be inconsistent with the quote or contract, repair, adjustment or correction options may be offered at no additional cost. In exceptional cases, a partial refund may be considered, subject to evaluation of the case.
- Some specific products or services may be subject to special refund policies or have explicit guarantees. These exceptions will be detailed at the time of purchase and clearly indicated in the quote or service contract.
5. Warranty:
- Gulupa Digital may offer a guarantee on certain services as part of a commitment to their quality. The specific conditions of the guarantee will be detailed in the description of the service or in the quote.
- If the service is covered by a warranty and the Customer experiences problems within the warranty period, Gulupa Digital undertakes to correct any defects, make adjustments or repairs, or in exceptional cases, offer a replacement or partial refund, in accordance with the terms set out in the warranty.
- The warranty does not apply if the problems were caused by unauthorized modifications, negligence of the Customer, or improper use of the service provided.
6. Claims procedure:
- To request a review or complaint, the Client must send a detailed description of the problem, along with any evidence considered relevant, to the email address soporte@gulupadigital.com. Gulupa Digital undertakes to review each request within a reasonable time and provide a response or solution.
- Gulupa Digital is not responsible for problems arising from lack of communication or failure to comply with the procedures established for the use of our services. The Client is required to be in constant communication and provide the necessary information to resolve any incident.
7. Policy Changes:
- Gulupa Digital reserves the right to modify this policy at any time, without prior notice. It is the Client's responsibility to periodically review this policy to be aware of any changes.
- Changes to this policy will not affect previous transactions. The terms in effect at the time of purchase will apply to any refund or warranty requests.
Anti-fraud checking policy
At Gulupa Digital, we take the protection of our customers and our systems against fraud very seriously. This Anti-Fraud Checking Policy details the procedures we implement to prevent, detect and act against fraudulent activities, ensuring security and transparency in all our transactions.
1. Identity verification:
- To ensure the legitimacy of our customers and prevent fraud, we may request identity verification before processing certain transactions or delivering services. This verification may include, but is not limited to, the submission of:
- Official identification document issued by the government (citizen ID card, passport, etc.).
- Utility bills with the Customer's name and address.
- Any other document that Gulupa Digital considers necessary to validate the identity of the Client and guarantee the authenticity of the transaction.
- We reserve the right to reject any transaction if the Client is unable to provide the required verification documents or if the documents submitted are suspicious or insufficient.
2. Payment verification:
- Before processing any payment, Gulupa Digital may require verification of payment details. This may include confirmation of information such as:
- Billing address associated with the credit or debit card used.
- Credit or debit card number, expiration date and security code (CVV/CVC).
- Authorization from the cardholder to use the card for the specific transaction.
- We reserve the right to refuse or suspend transactions if there are inconsistencies in the payment details provided or if the transaction appears to be suspicious.
3. Monitoring and detection of suspicious behavior:
- Gulupa Digital monitors all transactions made on our platforms to detect suspicious or unusual patterns of behavior that may indicate fraud, including:
- Repeated transactions in a short period of time from multiple accounts.
- Sudden changes in payment or billing information.
- Attempts to access multiple accounts or make payments from different geographic locations in a rapid manner.
- If we detect any suspicious activity, we reserve the right to suspend the transaction and contact the Client to request more information before continuing with the process.
- In extreme cases, if we believe that an account has been compromised or the transaction is definitely fraudulent, we may proceed with the suspension or deletion of the Client's account and the cancellation of the transaction.
4. Cooperation with authorities:
- In the event that we detect or suspect fraud, Gulupa Digital reserves the right to immediately inform the relevant authorities and fully cooperate with any investigation carried out by such authorities.
- This cooperation may include providing all information necessary to facilitate the investigation, including transaction details, Client identification data and any other relevant evidence.
5. Recovery of funds and legal actions:
- If a Client is found to have committed fraud or attempted to defraud Gulupa Digital, we will take all necessary steps to recover lost funds, including:
- Initiate legal proceedings against the Client to seek compensation for the amount defrauded, as well as any additional damages caused.
- Immediately suspend or terminate all services associated with the Client involved in the fraud.
- Report the Client to other commercial entities or payment processing services to prevent future incidents of fraud.
6. Customer Responsibility:
- It is the Client's responsibility to provide true and accurate information in all aspects related to their identity, payment methods and any other relevant data during transactions with Gulupa Digital.
- Gulupa Digital will not be liable for any losses or delays caused by the Client's lack of cooperation during the anti-fraud verification process.
- If the Client refuses to provide the documentation or information required for verification, Gulupa Digital reserves the right to cancel any pending transaction and/or suspend services until the verification process is completed satisfactorily.
7. Modification of the policy:
- We reserve the right to modify this Anti-Fraud Checking Policy at any time. The Client is responsible for periodically reviewing this policy to be informed of any changes.
- Any modification will come into effect immediately after its publication on our website or being communicated to the Client through official channels.
Service Cancellation Policy
At Gulupa Digital, we are committed to offering high-quality digital services. However, we understand that in certain circumstances, customers may need to cancel contracted services. This Service Cancellation Policy sets out the procedures and conditions applicable to the cancellation of any active service.
1. Cancellation notice:
- If you wish to cancel any active service on a recurring basis (monthly, quarterly, annually, among others), it is mandatory that you notify Gulupa Digital by email (support@gulupadigital.com) or WhatsApp (+573233675244) with a minimum advance notice equivalent to the frequency of the service. This means that:
- For monthly services, you must notify us of cancellation at least one month before the renewal date.
- For annual services, notification must be made at least one year in advance.
- We reserve the right to reject cancellation requests that do not comply with the stated notice period, in which case the Client will be required to pay for the full renewal of the service until the next billing cycle.
2. Cancellation confirmation:
- Once your cancellation request has been received, Gulupa Digital will send you a written confirmation to the registered email address. This confirmation will be the official record of the cancellation request and its receipt is a mandatory requirement to start the cancellation process.
- If you do not receive a cancellation confirmation within a reasonable time, it is your responsibility to contact us again to ensure that the request was received and processed correctly.
3. Effects of cancellation:
- Cancellation of a service may result in immediate loss of access to that service, as well as deletion or inaccessibility of any data, files or content associated with the service. Gulupa Digital is not responsible for any loss of information or interruption of access to the services once cancellation has been processed.
- It is the Client's responsibility to back up all important information and data before proceeding with the cancellation of any service.
- Should the Client wish to restore the service after cancellation, this will be considered as a new contract and the rates in effect at the time of the new request will apply.
4. Refunds for cancellation:
- Unless otherwise specified in our Terms of Service or Refund and Returns Policy, refunds will not be provided for cancelled services, whether cancelled before or after the renewal date.
- Payments made in advance for recurring services are non-refundable, and the Client will maintain access to such services until the end of the corresponding billing cycle, unless Gulupa Digital decides otherwise.
- In exceptional cases, Gulupa Digital may offer credits or compensation at its discretion, but this does not constitute an acquired right of the Client.
5. Cancellation for non-compliance:
- Gulupa Digital reserves the right to cancel any service in the event that the Client breaches our Terms of Service, this policy or any other applicable policy, including, but not limited to:
- Failure to pay corresponding invoices or fees.
- Violation of our acceptable use or security policies.
- Inappropriate, illegal or harmful conduct that affects the integrity of our systems or the experience of other customers.
- In the event of cancellation due to non-compliance, Gulupa Digital will not be obliged to provide any type of refund or compensation to the Client, and all associated services will be immediately suspended.
6. Cancellation due to inactivity or non-use:
- Gulupa Digital reserves the right to cancel any service that has not been used for an extended period of time, as defined in our Terms of Service. Inactivity may include, but is not limited to, lack of access to accounts, absence of updates to managed websites, or lack of communication from the Client regarding project status.
- Before proceeding with the cancellation due to inactivity, we will attempt to notify the Client through the registered contact methods. If no response is received within a reasonable time, we will proceed with the cancellation of the service.
7. Customer Responsibility:
- It is the Client's responsibility to keep their contact information up to date to ensure fluid communication with Gulupa Digital in case of cancellation requests or any other type of management related to their services.
- The Client is responsible for complying with all deadlines and requirements established to avoid loss of services, data or access, once the cancellation has been processed.
8. Modification of the policy:
- Gulupa Digital reserves the right to modify this Service Cancellation Policy at any time. Any changes to this policy will be notified to current customers via email or posting on our official website.
- Your continued use of the Services following any such policy modification will constitute your acceptance of the new terms.
Information delivery policy and compliance with deadlines
At Gulupa Digital we provide a wide range of digital services to our clients. This Information Delivery and Compliance Policy sets out our practices in relation to the delivery of the necessary information by the Client for the execution of services related to websites, virtual stores and other digital projects.
1. Deadline for delivery of information:
- After the initial project start meeting, which will take place within a maximum of three (3) business days from the confirmation of the service, the Client will have a maximum period of seven (7) calendar days to provide all the information necessary for the development of the contracted project.
- This information includes, but is not limited to, texts, photographs, videos, logos, technical data and any other material that Gulupa Digital considers necessary for the correct execution of the service.
2. Method of information delivery:
- The required information must be sent by the Client to Gulupa Digital through secure electronic means, such as email (support@gulupadigital.com) or via WhatsApp (+573233675244), unless otherwise agreed upon.
- The Client is responsible for ensuring that files are sent in the correct formats and that all information arrives complete and in a timely manner.
3. Failure to comply with the deadline for delivery of information:
- If the Client does not provide the requested information within the stipulated period (7 calendar days), Gulupa Digital will proceed with the development and layout of the project using sample texts, images and videos or temporary content, always respecting the structure and functionality defined in the project.
- Gulupa Digital reserves the right to consider the project as finished once the aesthetic and functional parts have been implemented using sample content. The corresponding invoice will be issued, and the technical support period will begin.
4. Effects of failure to comply with the delivery deadline:
- In the event that the Client does not provide the information within the agreed period, the project will be considered completed and an invoice for the service will be issued, which must be paid in accordance with the terms established in the quote or contract.
- The use of sample or temporary content does not exempt the Client from full payment for the services provided or from compliance with previously agreed payment terms.
5. Support period:
- Once the invoice for the service has been issued, the technical support period will begin, which will last for one year. This support will only cover the technical functions and maintenance of the website or virtual store as it was delivered, and will not include changes in content, design or new functionalities.
- Any modification or addition not contemplated in the initial project will be quoted separately.
6. Responsibility for information:
- The Client is solely responsible for ensuring that all information provided is accurate, legal and meets the project requirements. Gulupa Digital is not responsible for any errors, conflicts or legal issues that may arise due to the veracity or relevance of the information provided by the Client.
- The Client must ensure that all information provided is aligned with applicable legal regulations, including intellectual property rights and data protection.
7. Intellectual property rights:
- The Client warrants that it has the necessary rights to the information, content and materials provided for the project, including, but not limited to, copyright, trademarks, licenses or any other intellectual property rights.
- Gulupa Digital shall not be liable for any infringement of third party intellectual property rights resulting from the use of information provided by the Client. In the event of any claim, the Client shall be responsible for resolving it and assuming any expenses or legal consequences arising from such infringement.
Information delivery policy and compliance with deadlines
At Gulupa Digital we provide a wide range of digital services to our clients. This Information Delivery and Compliance Policy sets out our practices in relation to the delivery of the necessary information by the Client for the execution of services related to websites, virtual stores and other digital projects.
1. Deadline for delivery of information:
- After the initial project start meeting, which will take place within a maximum of three (3) business days from the confirmation of the service, the Client will have a maximum period of seven (7) calendar days to provide all the information necessary for the development of the contracted project.
- This information includes, but is not limited to, texts, photographs, videos, logos, technical data and any other material that Gulupa Digital considers necessary for the correct execution of the service.
2. Method of information delivery:
- The required information must be sent by the Client to Gulupa Digital through secure electronic means, such as email (support@gulupadigital.com) or via WhatsApp (+573233675244), unless otherwise agreed upon.
- The Client is responsible for ensuring that files are sent in the correct formats and that all information arrives complete and in a timely manner.
3. Failure to comply with the deadline for delivery of information:
- If the Client does not provide the requested information within the stipulated period (7 calendar days), Gulupa Digital will proceed with the development and layout of the project using sample texts, images and videos or temporary content, always respecting the structure and functionality defined in the project.
- Gulupa Digital reserves the right to consider the project as finished once the aesthetic and functional parts have been implemented using sample content. The corresponding invoice will be issued, and the technical support period will begin.
4. Effects of failure to comply with the delivery deadline:
- In the event that the Client does not provide the information within the agreed period, the project will be considered completed and an invoice for the service will be issued, which must be paid in accordance with the terms established in the quote or contract.
- The use of sample or temporary content does not exempt the Client from full payment for the services provided or from compliance with previously agreed payment terms.
5. Support period:
- Once the invoice for the service has been issued, the technical support period will begin, which will last for one year. This support will only cover the technical functions and maintenance of the website or virtual store as it was delivered, and will not include changes in content, design or new functionalities.
- Any modification or addition not contemplated in the initial project will be quoted separately.
6. Responsibility for information:
- The Client is solely responsible for ensuring that all information provided is accurate, legal and meets the project requirements. Gulupa Digital is not responsible for any errors, conflicts or legal issues that may arise due to the veracity or relevance of the information provided by the Client.
- The Client must ensure that all information provided is aligned with applicable legal regulations, including intellectual property rights and data protection.
7. Intellectual property rights:
- The Client warrants that it has the necessary rights to the information, content and materials provided for the project, including, but not limited to, copyright, trademarks, licenses or any other intellectual property rights.
- Gulupa Digital shall not be liable for any infringement of third party intellectual property rights resulting from the use of information provided by the Client. In the event of any claim, the Client shall be responsible for resolving it and assuming any expenses or legal consequences arising from such infringement.
Policy on delays and penalties for project extension
At Gulupa Digital we provide a wide range of digital services to our clients. This Project Extension Delays and Penalties Policy sets out our practices in relation to the extension of project execution times beyond the originally stipulated deadlines.
1. Request for project time extension:
- In the event that the Client requires to extend the project time beyond the initially agreed deadline, he/she must send an official request to Gulupa Digital through electronic means, such as email (support@gulupadigital.com) or WhatsApp (+573233675244).
- The request must be clear, specifying the reasons and duration of the requested extension, so that it can be properly assessed.
2. Approval of project time extension:
- All requests for extension of project time will be subject to approval by Gulupa Digital. The decision to approve or reject the request will be made at the discretion of Gulupa Digital and will depend on the existing workload, availability of resources and other relevant factors.
- Gulupa Digital undertakes to respond to the extension request within five (5) business days, notifying the Client by electronic means of the decision taken.
3. Penalty for project time extension:
- If the extension request is approved, an additional fee of 20% will be applied to the total project cost for each additional month that elapses from the originally agreed upon completion date.
- The Client will be responsible for paying any additional fees before proceeding with the work, unless otherwise agreed upon by both parties.
- Gulupa Digital reserves the right to bill penalties in monthly payments, proportional to the additional time required to complete the project.
4. Customer Responsibility:
- The Client is responsible for paying all additional fees resulting from the extension of the project time. If the Client is late in paying these fees, Gulupa Digital reserves the right to temporarily suspend work on the project until the payments due are received.
- It is the Client's responsibility to promptly notify any circumstances that affect the ability to meet deadlines or additional payments to avoid unnecessary delays in the project.
5. Consequences of suspension:
- If Gulupa Digital suspends work on the project due to non-payment by the Client, the suspension time will be counted as part of the total project delay. This may result in additional fees being applied for time elapsed without completing the project.
- Suspension of work may affect final delivery times, and Gulupa Digital will not be liable for additional delays caused by the Client's failure to comply.
6. Suspension notification:
- In the event of suspension, Gulupa Digital will notify the Client via electronic means, detailing the start date of the suspension, the reason for the breach and the actions the Client must take to resume work.
- This notification will serve as formal proof of the project's discontinuation and the outstanding account status.
7. Resumption of work:
- Once the Client has made the payments due and complied with the conditions set forth in the suspension notice, Gulupa Digital will resume work within five (5) business days.
- The Client must ensure that all financial obligations are settled prior to resumption, to avoid further disruptions to the project.
Project Scope Modification Policy
At Gulupa Digital we are committed to providing high quality digital services to our clients. We understand that during the execution of a project, the need may arise to make changes or adjustments to the originally agreed scope. This policy sets out our practices for regulating modifications to the project scope.
1. Project scope adjustments:
- If, during the execution of the project, the Client decides that it needs to incorporate modifications or additions to the initially agreed scope, a new business process must be initiated. This may involve the contracting of an additional service or the inclusion of new elements to the current service offering.
- Any adjustments to the original scope will be evaluated in terms of time, additional costs and their impact on delivery times.
2. Limitations on scope changes:
- No changes or alterations to the scope of the project as agreed at the beginning will be accepted, except through a new commercial agreement.
- Any changes involving the addition, modification or removal of features, functionality or services in the project will require the preparation of a new quotation. This may result in additional costs and potentially change delivery times.
- Requested changes not specified in the original quote will be treated as a new service or extension of the project, with their respective rates and conditions.
3. Process for requesting scope changes:
- The Client must formalize any request for modification of the scope of the project by means of a communication sent to Gulupa Digital through our official digital channels (email: support@gulupadigital.com or WhatsApp: +573233675244).
- The request must include a clear and detailed description of the requested changes, so that Gulupa Digital can assess the resources required and provide a new quote if appropriate.
4. Approval of scope changes:
- Any request for scope modification will be subject to approval by Gulupa Digital. Acceptance or rejection of the request will be at the discretion of Gulupa Digital, considering factors such as the feasibility of the proposed changes, the availability of resources and the impact on delivery times.
- If the scope change is approved, a new quotation will be issued and must be signed and approved by the Client before proceeding with the implementation of the changes.
- In case of rejection of the request, Gulupa Digital will maintain the course of the project according to the original agreed scope.
Suspension policy for non-payment
At Gulupa Digital we reserve the right to suspend the provision of services to any Client who is more than ten (10) business days late in payment. This Suspension Policy for Non-Payment establishes our practices to ensure compliance with our clients' financial obligations.
1. Notice of non-payment:
- If you have an active recurring service and you are more than ten (10) business days past due, we will send you a formal notice of non-payment for the amount owed. This notice will be sent by any reasonable means that allows for timely receipt, including, but not limited to, email, WhatsApp message, text message, or postal mail.
- The notice will specify the amount owed, the due date for payment, and the consequences of not making payment within the due date.
2. Suspension of service:
- If you do not make full payment within ten (10) business days of receiving the notice of non-payment, Gulupa Digital reserves the right to suspend your service. During the suspension, you will not have access to the contracted services or your customer area.
- Access to your website, online store or other digital services will be temporarily disabled until the pending payment is received and validated.
3. Claims of charges:
- If you dispute the applicable charges reasonably and in good faith, and cooperate diligently to resolve the dispute, we will not suspend your service during the review period. Gulupa Digital will promptly investigate the dispute to determine its validity.
- In the event that the claim is resolved in favor of Gulupa Digital, you will be required to pay the full amount due immediately to avoid suspension of service. If resolved in your favor, we will adjust the charges according to the resolution reached.
4. Reactivation fee:
- If your service is suspended due to non-payment, Gulupa Digital may charge a reactivation fee to restore access to the services. The amount of the reactivation fee will be determined at our sole discretion, depending on the nature of the service and the length of time since suspension.
- Service reactivation will be carried out within five (5) business days after receipt and validation of full payment, including any applicable reactivation fee.
5. Additional consequences of non-payment:
- In cases of prolonged delays, Gulupa Digital reserves the right to take additional measures, such as definitive termination of the service, transfer of rights related to the developed project or taking legal action to recover the amount owed.
- Suspension of service does not release the Customer from its obligation to pay any amounts owed, including fees incurred during the suspension period.
Denial of service policy
Gulupa Digital reserves the right to deny, cancel or suspend the provision of services to any Client at any time and for any reason. This Denial of Service Policy sets out our practices in this regard.
1. Right to refuse service:
- We reserve the right to refuse to provide services to any Client for any reason and at our sole discretion. This may include, but is not limited to, situations where the Client has breached our Terms and Conditions of Service, Acceptable Use Policy, Customer Behavior Policy, or any other applicable policy.
- This right allows us to act preventively in cases where there is a possibility that the Client's behavior or actions compromise the quality of the service, negatively affect other clients, or represent a risk to our infrastructure or reputation.
2. Right to cancel the service:
- We reserve the right to cancel the provision of services to any Client, for any reason and at our sole discretion. Cancellation may be a direct result of violations of our policies, improper use of the services, or any other justified reason on the part of Gulupa Digital.
- In addition, we may cancel the service in cases of prolonged non-payment, proven fraud or repeated failure by the Client to comply with contractual obligations.
3. Right to suspend service:
- We reserve the right to temporarily suspend service to any Client, for any reason we deem justified. This may include, but is not limited to, the detection of suspicious activity, policy violations, or serious technical issues that require immediate action.
- Service suspension may be temporary until Customer resolves the circumstances that led to the suspension, such as correcting policy violations or paying amounts owed.
4. No obligation to refund:
- In the event of denial, cancellation or suspension of the service, Gulupa Digital will not be obliged to provide any type of refund to the Client. This policy is applicable regardless of whether or not the Client has used the service prior to the denial, cancellation or suspension.
- This clause is intended to protect Gulupa Digital from potential abuse by customers who may attempt to claim refunds after violating our policies.
5. Notification of denial, cancellation or suspension of service:
- Where possible, Gulupa Digital will endeavour to notify the Client of our decision to deny, cancel or suspend service. This notification will be sent via reasonable means such as email or WhatsApp, briefly explaining the reasons for the decision.
- However, in extreme or urgent cases, we reserve the right to take such actions without notice if we consider it necessary to protect our interests or those of other clients.
Termination of Service Policy
Gulupa Digital reserves the right to suspend or terminate the provision of services to any Client under certain circumstances, as detailed in this Service Termination Policy.
1. Ongoing problematic behavior:
- If a Customer demonstrates ongoing problematic behavior, such as repeated violations of our policies, abuse or harassment of our staff or other customers, or misuse of our Services, we reserve the right to permanently suspend or terminate the Customer's Services.
- Problematic behavior also includes spreading false information, actions that put the integrity of our systems or the reputation of our company at risk.
2. Breach of the Terms of Service:
- If a Customer breaches our Terms and Conditions of Service, Acceptable Use Policy, Customer Behavior Policy, or any other applicable policy, Gulupa Digital may proceed to suspend or terminate the Services provided to the Customer.
- Serious or continued failure to comply with agreed policies will result in immediate termination of service, with no right to refunds.
3. Non-payment:
- If a Client fails to make the corresponding payments for the contracted services within the established deadlines, Gulupa Digital reserves the right to suspend or terminate the service. Before proceeding with the suspension or termination, a notice will be sent to the Client indicating the lack of payment and providing them with an opportunity to regularize their situation.
- Termination for non-payment will result in immediate suspension of access to the Services, and the Client will not be able to use the Services until the debt is settled in full.
4. Termination for convenience:
- We reserve the right to terminate a Client's service for any reason at our sole discretion, even where there has been no breach of the policies. In such cases, the Client will be provided with reasonable notice of termination.
- Termination for convenience may be requested by either party, and in the event of outstanding payments, the terms established will be reviewed to resolve any outstanding balance.
5. Effects of termination:
- If a Client's services are suspended or terminated, the Client will lose access to such services and any data, content or settings associated with them. Gulupa Digital will not be liable for any loss of data or damage resulting from the suspension or termination of services.
- It is the Client's responsibility to perform regular backups of its data and ensure that it has access to any necessary information before the termination of the service takes place.
Meeting Policy with Gulupa Digital
Gulupa Digital is committed to offering its clients virtual and in-person meetings, always in compliance with the following conditions and terms:
1. Meeting modalities:
- Meetings can be held virtually or in person, as agreed with the Client. In-person meetings will only take place at the Gulupa Digital office, located at the company's registered office.
2. Virtual meetings:
- Virtual meetings will be held through the digital platforms agreed between Gulupa Digital and the Client, such as Zoom, Google Meet, Microsoft Teams, among others. Meetings must be scheduled in advance, and Gulupa Digital will provide the necessary connection details.
- It is the Client's responsibility to have an adequate internet connection for the correct development of the virtual meeting. Gulupa Digital is not responsible for technical problems that are not under its control.
3. Face-to-face meetings:
- Face-to-face meetings will only be held at Gulupa Digital's premises. Face-to-face meetings will not be held at the Client's premises or at other external locations, unless there is an exceptional agreement, previously authorized by Gulupa Digital's management.
4. External meetings:
- Gulupa Digital is not obliged to attend meetings outside its premises or in third-party premises. Any request for external meetings will be evaluated on a case-by-case basis, but will generally not be part of the regular services offered.
5. Meeting schedule:
- Meetings will take place during Gulupa Digital's business hours, which are Monday to Friday, 7:30 am to 5:30 pm (local time). Meetings outside of these hours must be requested in advance and are subject to team availability.
6. Scheduling meetings:
- Meetings must be requested at least 48 hours in advance to ensure team availability. Requests must be made via email (support@gulupadigital.com) or WhatsApp (+573233675244).
7. Cancellation and changes:
- Clients may request the cancellation or modification of a meeting with at least 24 hours' notice. Gulupa Digital reserves the right to cancel or modify a meeting if unforeseen situations arise, committing to notify as far in advance as possible.
8. Responsibility and commitment:
- Gulupa Digital undertakes to comply with the agreed meeting times and modalities, ensuring punctuality and professionalism. The Client must also comply with the terms established in this policy and attend scheduled meetings punctually.
9. Confidentiality:
- Everything discussed in meetings, both virtual and in person, will be treated with the strictest confidentiality, in accordance with Gulupa Digital's privacy policies. The information shared by the Client will be protected and will not be disclosed without their express consent.
Customer Responsibility Policy for Payment Gateway Configuration
At Gulupa Digital, we are committed to offering you comprehensive digital solutions for the success of your business. However, it is important that you keep in mind that the configuration and activation of payment gateways (such as Wompi, Mercado Pago, PayU Latam, among others) is the sole responsibility of the Client. Gulupa Digital does not mediate this process nor is it responsible for it. The terms and conditions related to this responsibility are detailed below:
1. Customer Responsibility:
- The Client is responsible for selecting, registering and activating the payment gateway account of their choice. Gulupa Digital has no influence on the selection or registration of said gateway.
- The Client must provide all required documentation and comply with the requirements set by the payment gateway for account opening and activation. This includes account validation, compliance with legal requirements and any necessary verification processes.
2. Access to the payment gateway account:
- To integrate the payment gateway with the virtual store developed by Gulupa Digital, the Client must provide access to his/her account in the chosen payment gateway.
- The Client is responsible for providing the necessary credentials and any other technical information required to perform a successful integration.
- It is the Client's responsibility to keep the access credentials to their account in the payment gateway up to date and secure.
3. Exclusion of liability:
- Gulupa Digital is not responsible for any problems, delays or inconveniences that arise during the process of opening, activating or operating the payment gateway account. This includes, but is not limited to, problems with account verification, technical difficulties, or payment gateway restrictions.
- The responsibility for ensuring that the payment gateway operates correctly and complies with legal and technical regulations lies exclusively with the Client.
4. Support and assistance:
- Gulupa Digital offers technical integration services for the payment gateway with the online store, but does not provide technical support or assistance for the internal configuration of the payment gateway account. Any issues related to the internal operation of the gateway must be managed directly by the Client with the payment gateway provider.
- For any queries or problems that may arise with the payment gateway, the Client must directly contact the customer service of the selected gateway.
5. Confidentiality and security:
- Gulupa Digital is committed to handling with strict confidentiality and security the information provided by the Client for the integration of the payment gateway. This information will be used only for the requested technical integration and will not be shared or used for other purposes.
- The Client is responsible for changing the access credentials if deemed necessary, once the integration is complete, for greater security.
Service resale and outsourcing policy
At Gulupa Digital, we are committed to providing personalized and direct digital services to our clients. To ensure the quality and exclusivity of our services, we do not allow reselling or outsourcing of our services under any circumstances. This policy details our practices and expectations regarding reselling and outsourcing.
1. Prohibition of resale of the service:
- The services contracted from Gulupa Digital are exclusively for the Client's personal or direct commercial use. Under no circumstances is the resale of the services to third parties permitted.
- The Client may not offer, advertise, or sell all or part of Gulupa Digital's services as its own or as part of a package of services offered to third parties.
- If unauthorized resale of our services is detected, we reserve the right to immediately suspend or cancel all contracted services, without the right to a refund.
2. Prohibition of outsourcing of the service:
- Gulupa Digital does not allow the Client to subcontract or outsource to other providers or individuals to perform tasks, execute projects or services that have been contracted to us. All services will be provided solely by Gulupa Digital and its authorized team.
- The Client may not delegate the management, execution or control of the services provided by Gulupa Digital to third parties, unless there is prior and explicit written approval from us.
- If the Client is found to have outsourced any part of the contracted services in an unauthorized manner, we reserve the right to suspend or cancel the service without prior notice and without the option of a refund.
3. Exclusivity of services:
- The services offered by Gulupa Digital are developed and designed specifically for each Client, based on their individual needs and requirements. These services are not intended to be redistributed, marketed or used by other individuals or companies without the explicit approval of Gulupa Digital.
- The Client undertakes to use the services exclusively for the intended purposes and as agreed in the contract or initial commercial proposal.
4. Consequences of non-compliance:
- In the event that unauthorized resale or outsourcing of our services is detected, Gulupa Digital will take the following measures:
- Immediate suspension of service without notice.
- Cancellation of the contract without the option of refunding the payments made by the Client.
- Possible legal action in the event of a breach of the terms of the contract or intellectual property rights associated with the services.
- We reserve the right to claim compensation for damages caused by unauthorized resale or outsourcing of our services.
5. Notification and resolution:
- If a Client wishes to discuss the possibility of reselling or outsourcing any services, they must contact us before taking any action to obtain written approval from Gulupa Digital. In most cases, these requests will be denied, but in special circumstances, they may be considered under specific terms.
- Any questions or disputes related to this policy must be communicated through our official channels (email: soporte@gulupadigital.com or WhatsApp: +573233675244).
6. Protection of service quality:
- This policy aims to protect the quality, consistency and control of the services we provide. Unauthorized reselling or outsourcing compromises these fundamental principles, affecting the customer experience and the reputation of Gulupa Digital.
Customer Behavior Policy
Gulupa Digital is committed to maintaining a safe and respectful work environment for our staff, as well as a professional and friendly service environment for our customers. This Customer Behavior Policy sets out our expectations for conduct when interacting with our team and using our services.
1. Respectful behavior:
- We expect all of our customers to treat our staff and other customers with respect and courtesy. Abusive, disrespectful, threatening, harassing, defamatory, discriminatory or any other inappropriate behaviour will not be tolerated. This includes, but is not limited to, communications via email, WhatsApp, phone calls, live chats, and social media.
2. Cooperation with staff:
- The Client must cooperate with our staff at all times. This involves providing accurate and complete information when requested, following the instructions of the support team, and refraining from interrupting or interfering with the activities of the staff.
3. Proper use of the services:
- We expect our customers to use the Services appropriately and in accordance with our terms and conditions of service, acceptable use policy, and any other applicable policies. Use of our Services for illegal, fraudulent, harmful, or inappropriate activities will not be tolerated.
4. Policy Violations:
- In the event of a violation of this Behavior Policy, Gulupa Digital reserves the right to take any action it deems appropriate, at its sole discretion. This may include suspension or termination of the Client's service, imposition of additional charges, cooperation with legal authorities, and any other action that is necessary to prevent future violations.
5. Reporting Violations:
- If any staff member detects a violation of this policy, they will report it to management for review and appropriate action. We also encourage customers to notify us of any inappropriate behavior or violation of this policy that they witness.
Data Privacy Policy
At Gulupa Digital, we are committed to protecting your personal information. This Data Privacy Policy describes how we collect, use, store and protect the information you provide to us when using our website (gulupadigital.com) and our services ("Services").
1. Information we collect about you:
- Personal information: We collect information that personally identifies you, such as your name, address, email, phone number, and any other information that you voluntarily provide to us when using our Services. This information is known as “Personal Information” under applicable law.
- Non-personal information: We also collect information that does not identify you individually but is related to your use of our Services, such as details of your transactions, products purchased, prices paid, payment methods and purchase dates.
2. How we collect your information:
- Information provided directly: We collect information that you voluntarily provide to us when you register, make a purchase, subscribe to our Services, request support, or contact us through any means of communication.
- Information collected automatically: We use automatic technologies to collect information about your devices, browsing patterns and actions while using our website. This may include IP address, browser type, pages visited and time spent.
3. Use of your information:
- We use your Personal Information to provide you with our Services, process your transactions, offer you requested products or services, and improve user experience.
- We comply with our contractual and legal obligations by using your information and notify you about changes to our products, services or policies.
- We may use your information to send you communications related to our Services, promotional offers or updates, always respecting your preferences and compliance with applicable law.
4. Disclosure of your information:
- We do not share or sell your Personal Information to third parties except where necessary to fulfill our contractual obligations, or where required by law.
- We may share your information with third party service providers who assist us in fulfilling our obligations, while ensuring that they maintain the confidentiality and security of the information.
- In exceptional cases, we may disclose your information to comply with court orders or legal requests.
5. User rights:
- Depending on your location and applicable law, you may have certain rights over your Personal Information. This includes the right to access, rectify, erase, restrict or limit processing of your data, and request portability of your information.
- If you wish to exercise any of these rights, you may contact us through our established communication channels. We will evaluate and respond to your request in accordance with applicable law.
6. Information security:
- We are committed to protecting your personal information using appropriate technical and organizational security measures to prevent unauthorized access, disclosure or alteration of your information.
- However, it is important for you to understand that, although we take reasonable precautions, no data transmission or storage system is completely secure, so we cannot guarantee the absolute security of information transmitted over the Internet.
7. Retention of information:
- We will retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations.
8. Changes to this policy:
- We reserve the right to modify this Privacy Policy at any time. Any changes will be communicated through our website and will be effective from the moment of their publication.
9. Contact:
- If you have any questions or concerns about this Privacy Policy or how we handle your information, you may contact us via email support@gulupadigital.com.
Customer Late Payment Penalty Policy
At Gulupa Digital we value punctuality in the delivery of information and approvals necessary for the development of projects. This Client Delay Penalty Policy establishes the conditions under which penalties will be applied if the established deadlines are affected by delays attributable to the Client.
- Deadlines for delivery of information: The Client undertakes to deliver all information required for the execution of the project within the agreed timeframes. If the Client fails to meet the deadlines stipulated in the project planning phase, a late fee may be applied.
- Late penalty: In the event that the Client does not provide the necessary information or approval within the agreed deadlines, Gulupa Digital may apply a financial penalty or an adjustment to the project execution schedule. The financial penalty will be equivalent to 10% of the total value of the project for each week of delay.
- Impact on schedule: Delays in delivery of information by the Client may cause a rescheduling of the project. Gulupa Digital is not responsible for delays in final delivery that are a consequence of the Client's delay in delivery of material or approval.
- Contract renegotiation: If the Client's delay exceeds 30 days, Gulupa Digital reserves the right to renegotiate the terms of the contract or cancel the project, retaining payments already made without obligation of reimbursement.
- Exceptions: If the Client communicates in advance and with justification the reason for his/her delay, Gulupa Digital may reconsider the application of penalties, depending on the situation and at its sole discretion.
Early Service Termination Policy
At Gulupa Digital we understand that circumstances may arise that require early termination of a service. This Early Termination of Service Policy sets out the conditions and consequences for both parties when a service is terminated earlier than stipulated in the contract.
- Request for early termination: If the Client wishes to terminate the service before the agreed end date, he/she must notify Gulupa Digital in writing via email (support@gulupadigital.com) or WhatsApp (+573233675244) at least 15 days in advance.
- Penalties for early termination: In the event that the Client terminates the service early without valid justification, a penalty equivalent to 30% of the remaining value of the project will be applied. This penalty seeks to cover the costs and time invested by Gulupa Digital.
- Refund: If the Client has made advance payments and decides to cancel the service before the completion of the project, Gulupa Digital reserves the right not to refund the amounts already paid, as these reflect work already performed.
- Completion by Gulupa Digital: Gulupa Digital reserves the right to terminate the service early if the Client fails to comply with the terms of service, usage policies, or any other contractual condition. In this case, there will be no refund of the amounts paid, and the Client will be responsible for any outstanding balance.
- Delivery of developed material: In the event of early termination, Gulupa Digital will provide the Client with the materials developed up to the termination date, provided that there are no outstanding payments. Such materials will be delivered in the state in which they are at the time of termination of the contract.
- Force majeure exceptions: In the event that early termination is due to circumstances beyond our control, both the Client and Gulupa Digital will negotiate the cancellation terms in a fair and balanced manner.
Force majeure clause
At Gulupa Digital, we recognize that there are exceptional situations beyond the control of the parties that may affect the fulfillment of contractual obligations. This Force Majeure Clause establishes the conditions under which the parties may temporarily suspend or terminate their contractual obligations due to force majeure events.
- Definition of force majeure: Force majeure means any event beyond the reasonable control of the parties that prevents or delays the performance of their contractual obligations. Such events include, but are not limited to, natural disasters, wars, pandemics, fires, civil unrest, terrorist attacks, power supply interruptions, technical or telecommunications failures, or any governmental act.
- Notification of force majeure: The party affected by a force majeure event shall notify the other party immediately, providing details of the nature of the event, the impact on its contractual obligations and an estimate of the duration of the event.
- Suspension of obligations: During the period in which the force majeure event persists, the contractual obligations of the affected party shall be suspended without this implying a breach of contract. The suspension shall be effective until conditions allow the resumption of activities.
- Termination of contract due to force majeure: If the force majeure event persists for a period exceeding 60 consecutive days, either party may terminate the contract without incurring any additional liability. In this case, the parties will negotiate in good faith to adjust outstanding payments in an equitable manner.
- Limitation of liability: Neither party shall be liable for any damage or loss resulting from failure to perform its contractual obligations due to a force majeure event.
- Resumption of obligations: Once the force majeure event has been overcome, the parties must resume compliance with their obligations as soon as possible, adjusting the project execution schedule if necessary.
Terms Modification Policy
At Gulupa Digital, we reserve the right to revise, modify, add or remove portions of these Terms and Conditions at any time, at our sole discretion. This Terms Modification Policy sets out how we manage such changes and your rights as a Customer in this regard.
1. Changes to the terms:
- We may make changes to the Terms and Conditions at any time and for any reason. This may include introducing new provisions, modifying existing clauses or removing clauses that are no longer relevant.
- Changes may relate to the nature of the Services, fees, acceptable use policies, support conditions, or any other part of our Terms and Conditions.
2. Notification of changes:
- Although we have the right to modify the Terms without prior notice, we will make reasonable efforts to notify you of any material changes. This notification may be provided by posting the updated Terms on our website, sending you an email, or by any other means we deem appropriate.
- If the change is material, we may provide you with advance notice prior to the effective date of the change. However, notice of changes is deemed complete upon posting of the modified Terms on the Gulupa Digital website.
3. Acceptance of changes:
- By continuing to use our Services after changes to the Terms are posted, you agree to be bound by the modified Terms. If you do not agree to the modifications, you must immediately cease using the Services.
- You will not be entitled to any compensation, refund or legal action if you decide to stop using the Services as a result of a change in the Terms.
4. Effective date of changes:
- Changes to the Terms will be effective immediately upon posting on our website unless otherwise noted. In some cases, we may set a future effective date for specific changes.
- It is your responsibility to periodically review the updated Terms and Conditions to be aware of any modifications. By doing so, you ensure that you are informed of the terms applicable at any given time.
5. Exclusion of liability for lack of knowledge of changes:
- Gulupa Digital will not be liable for the Client's lack of knowledge of changes to the Terms if he or she does not regularly check the updates posted on the website. The publication of the modified Terms is sufficient for their validity and compliance.