Terms and Conditions

1. Provider Details

In compliance with Bolivian regulations, the owner of this website is:

• Legal name: Bemorex
• Activity: Technology services, software development, web design, digital marketing and technology consulting
• Registered address: Oruro, Plurinational State of Bolivia
• Email: [email protected]
• Phone: +591 604 07779

2. Purpose and Scope

These Terms and Conditions govern:

• i) Use of the website: Access to, browsing of and use of the bemorex.com website and all its subdomains.
• ii) Contracting services: The contractual relationship arising from purchasing any of our technology services.
• iii) Communications: Interactions through contact forms, email or other channels.

Using this website implies full and unreserved acceptance of every provision in these Terms and Conditions. If you do not agree with any of them, please do not use this site.

3. Services Offered

Bemorex offers the following professional technology services:

• i) App Development: Design and development of mobile apps (iOS, Android) and custom web applications.
• ii) Web Design and Development: Building corporate websites, online stores, landing pages and digital platforms.
• iii) Digital Marketing: SEO strategy, social media advertising, Google Ads and content management.
• iv) Cybersecurity: Security audits, data protection, security protocol implementation and incident response.
• v) Artificial Intelligence: Implementation of AI solutions, process automation and data analysis.
• vi) Enterprise Networks: Design, implementation and maintenance of network infrastructure.
• vii) Digital Transformation: Consulting and support through business digitalisation.
• viii) Talent Training: Training and instruction in information technology.

The specific features, scope, timelines and costs of each service will be set out in the relevant commercial proposal or individual contract.

4. Contracting Process

Contracting our services follows these stages:

• i) Initial enquiry: The client contacts Bemorex setting out their interest and needs.
• ii) Analysis and proposal: Bemorex assesses the requirements and presents a detailed commercial proposal covering scope, schedule and budget.
• iii) Acceptance: The client accepts the proposal in writing (email, signed document or verifiable digital means).
• iv) Formalisation: For larger projects, a services agreement is signed.
• v) Initial payment: The agreed deposit is paid.
• vi) Delivery: Bemorex begins delivering the service as agreed.

The accepted commercial proposal, together with these Terms and Conditions, constitutes the entire agreement between the parties.

5. Pricing, Invoicing and Payment

Financial terms are governed as follows:

• i) Prices: Service prices are those stated in the commercial proposal in force at the time of contracting. All prices are expressed in Bolivianos (BOB) or US dollars (USD) as indicated.
• ii) Taxes: Prices may or may not include value added tax (IVA) as specified. Invoices are issued in accordance with the rules of the Bolivian tax authority (SIN).
• iii) Payment methods: We accept bank transfers, account deposits, QR payments and other previously agreed methods.
• iv) Payment terms: Unless agreed otherwise, payments follow the schedule set out in the proposal: a deposit up front, partial payments as work progresses and the balance on completion.
• v) Late payment: Late payments accrue default interest of 3% per month on the outstanding amount, in accordance with the Bolivian Civil Code.

6. Client Obligations

The client undertakes to:

• i) Accurate information: Provide the complete, accurate and up-to-date information needed to deliver the services.
• ii) Cooperation: Provide access to the systems, platforms, materials and resources the project requires.
• iii) Timely feedback: Review and approve deliverables within the agreed timeframes. No response within 10 business days is deemed tacit approval.
• iv) Punctual payment: Make payments on the dates established.
• v) Lawful use: Use the services and deliverables lawfully and ethically, without infringing third-party rights.
• vi) Backing up information: Keep backups of their own information and content.

7. Bemorex's Obligations

Bemorex undertakes to:

• i) Professional quality: Deliver the services with the diligence, professionalism and quality expected of a specialist technology company.
• ii) Meeting deadlines: Deliver work within the agreed timeframes, save for force majeure or delays attributable to the client.
• iii) Confidentiality: Keep all information provided by the client confidential.
• iv) Communication: Keep the client informed about project progress and any relevant issues.
• v) Support: Provide technical support as set out in each service contract.
• vi) Warranty: Provide a warranty on services delivered as specified in each proposal.

8. Intellectual Property

Intellectual property rights are governed as follows:

• i) Deliverables: Once payment is received in full, the client acquires usage rights over the products developed specifically for them (websites, applications, designs). Intellectual property rights transfer as agreed in each contract.
• ii) Pre-existing materials: Bemorex retains rights over tools, methodologies, base code and materials developed previously or of general application.
• iii) Third-party licences: The client is responsible for acquiring and maintaining licences for third-party software used in their projects (hosting, domains, commercial plugins, etc.).
• iv) Portfolio: Bemorex reserves the right to include completed work in its portfolio for promotional purposes, unless an express confidentiality agreement says otherwise.
• v) Site content: All content on this website (text, graphics, logos, icons, images, software) is the property of Bemorex or its licensors and is protected by Bolivian intellectual property law.

9. Confidentiality

Both parties undertake to:

• i) Protecting information: Keep strictly confidential all technical, commercial, financial or other information provided by the other party.
• ii) Limited use: Use confidential information solely for the purposes of the contracted project.
• iii) Non-disclosure: Not disclose confidential information to third parties without prior written authorisation, except where required by law.
• iv) Duration: The confidentiality obligation remains in force throughout the commercial relationship and for 3 years after it ends.

10. Warranties and Technical Support

The warranties on our services are as follows:

• i) Warranty period: Software and website builds include a 30-day warranty from final delivery, during which errors or faults attributable to Bemorex are corrected at no extra cost.
• ii) Warranty scope: The warranty covers functional defects under normal use. It does not cover third-party modifications, misuse, or changes to the client's technology environment.
• iii) Technical support: Technical support after the warranty period is quoted separately or included in a maintenance plan.
• iv) Exclusions: No specific results are guaranteed for digital marketing, SEO or similar services, as these depend on multiple external factors.

11. Limitation of Liability

In accordance with Bolivian law:

• i) Indirect damages: Bemorex is not liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, data or use.
• ii) Liability cap: Bemorex's total liability for any claim will not exceed the amount actually paid by the client for the specific service giving rise to the claim.
• iii) Force majeure: Bemorex is not liable for failures caused by events beyond its reasonable control (natural disasters, civil unrest, third-party service failures, pandemics, etc.).
• iv) Client content: We are not responsible for content provided by the client, nor for the consequences of publishing or using it.
• v) External links: We accept no responsibility for the content of third-party websites linked from our site.

12. Termination and Cancellation

The contractual relationship may end by:

• i) Mutual agreement: Both parties may agree to end the service early at any time.
• ii) Breach: Either party may terminate the contract if the other breaches material obligations and fails to remedy that breach within 15 business days of notice.
• iii) Cancellation by the client: The client may cancel the service with 15 days' notice. In that case, they must pay for work actually completed up to the cancellation date.
• iv) Cancellation by Bemorex: We may suspend or cancel services for non-payment exceeding 30 days or for misuse.
• v) Effects: On termination, the client must pay for services delivered and Bemorex will hand over the work completed to that date.

13. Acceptable Use of the Website

By using this website, you undertake to:

• i) Not carry out activities that are illegal or that breach Bolivian or international law.
• ii) Not attempt to access restricted areas of the site or Bemorex systems without authorisation.
• iii) Not transmit viruses, malware or any harmful code.
• iv) Not copy, modify or distribute the site's content without prior authorisation.
• v) Not use the site to send unsolicited communications (spam).
• vi) Not impersonate third parties or provide false information.

Breaching these rules may result in restricted access to the site and appropriate legal action.

14. Changes

Bemorex reserves the right to modify these Terms and Conditions at any time. Changes take effect once published on this website. Continued use of the site or our services after such changes constitutes acceptance of the new terms.

For contracts already under way, any modification requires the consent of both parties.

15. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the law of the Plurinational State of Bolivia, including:

• Constitución Política del Estado (the Constitution)
• The Bolivian Civil Code
• The Bolivian Commercial Code
• Law No. 164 on Telecommunications and ICT
• Law No. 843 (Tax Regime)
• Law No. 1178 on Government Administration and Control (where applicable)

Dispute resolution: The parties undertake to resolve any dispute amicably. If that is not possible, it will be submitted to the ordinary courts of the city of Oruro, Bolivia, with the parties waiving any other jurisdiction that might otherwise apply.

16. General Provisions

• i) Severability: If any provision of these terms is held void or unenforceable, the remaining provisions continue in full force.
• ii) No waiver: Bemorex's failure to exercise a right does not constitute a waiver of it.
• iii) Assignment: The client may not assign their rights or obligations without Bemorex's prior consent.
• iv) Entire agreement: These terms, together with the commercial proposal and any specific contract, constitute the entire agreement between the parties.
• v) Language: These terms were drafted in Spanish. In the event of any translation, the Spanish version prevails.

17. Relationship with the Privacy Policy

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms and Conditions. By accepting these terms, you also accept our Privacy Policy.