Terms and conditions

These Terms and Conditions of Use govern access to and use of the Bemorex website, as well as the contracting of our technology services. By accessing this site or contracting our services, you accept these terms in their entirety.

This is an English translation. If the two versions differ, the Spanish version prevails.

1. Identification of the Provider

In compliance with Bolivian regulations, you are informed that the owner of this website is:

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

2. Purpose and Scope

These Terms and Conditions govern:

• Use of the website: Access to, browsing and use of the website bemorex.com and all its subdomains.
• Contracting of services: The contractual relationship arising from the contracting of any of our technology services.
• Communications: Interactions carried out through contact forms, email or other means.

Use of this website implies full and unreserved acceptance of all the provisions included in these Terms and Conditions. If you do not agree with any of these conditions, please refrain from using this site.

3. Services Offered

Bemorex offers the following professional technology services:

• Application Development: Design and development of mobile applications (iOS, Android) and custom web applications.
• Web Design and Development: Creation of corporate websites, online stores, landing pages and digital platforms.
• Digital Marketing: SEO positioning strategies, social media advertising, Google Ads and content management.
• Cybersecurity: Security audits, data protection, implementation of security protocols and incident response.
• Artificial Intelligence: Implementation of AI solutions, process automation and data analysis.
• Business Networks: Design, implementation and maintenance of network infrastructure.
• Digital Transformation: Consulting and support in business digitalisation processes.
• Talent Development: Training and instruction in information technologies.

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

4. Contracting Process

The process for contracting our services follows these stages:

• Initial request: The client contacts Bemorex expressing their interest and needs.
• Analysis and proposal: Bemorex assesses the requirements and presents a detailed commercial proposal including scope, schedule and budget.
• Acceptance: The client accepts the proposal in writing (email, signed document or verifiable digital means).
• Formalisation: For larger projects, a service agreement is signed.
• Initial payment: As agreed, the corresponding advance payment is made.
• Execution: Bemorex begins providing the service as agreed.

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

5. Prices, Billing and Payment Methods

The financial terms are governed by the following:

• Prices: The prices of the services will be those indicated in the commercial proposal in force at the time of contracting. All prices are expressed in Bolivianos (BOB) or US Dollars (USD), as indicated.
• Taxes: Prices may or may not include Value Added Tax (IVA), as specified. An invoice will be issued in accordance with the regulations of the Servicio de Impuestos Nacionales (SIN) (National Tax Service).
• Payment methods: We accept bank transfers, account deposits, QR payments and other means agreed in advance.
• Payment terms: Unless otherwise agreed, payments must be made according to the schedule set out in the proposal: an advance at the start, partial payments according to progress and the balance on completion.
• Late payment: Late payment will accrue default interest of 3% per month on the amount owed, in accordance with the Código Civil boliviano (Bolivian Civil Code).

6. Client Obligations

The client undertakes to:

• Truthful information: Provide complete, accurate and up-to-date information necessary for the provision of the services.
• Cooperation: Provide access to the systems, platforms, materials and resources necessary for the development of the project.
• Timely feedback: Review and approve deliverables within the agreed timeframes. Failure to respond within 10 business days will be deemed tacit approval.
• Timely payments: Make payments on the established dates.
• Lawful use: Use the services and products delivered in a legal and ethical manner, without infringing the rights of third parties.
• Information backup: Keep backup copies of their own information and content.

7. Bemorex Obligations

Bemorex undertakes to:

• Professional quality: Provide the services with the diligence, professionalism and quality expected of a company specialised in technology.
• Meeting deadlines: Deliver the work within the agreed timeframes, except in cases of force majeure or delays attributable to the client.
• Confidentiality: Maintain the confidentiality of all information provided by the client.
• Communication: Keep the client informed of the progress of the project and any relevant issue.
• Support: Provide technical support as established in each service contract.
• Warranty: Offer a warranty on the services provided as specified in each proposal.

8. Intellectual Property

Intellectual property rights are governed as follows:

• Delivered products: Once full payment has been received, the client acquires the rights of use over the products developed specifically for them (websites, applications, designs). Intellectual property rights will be transferred as agreed in each contract.
• Pre-existing materials: Bemorex retains the rights to tools, methodologies, base code and materials developed previously or of general use.
• Third-party licences: The client will be responsible for acquiring and maintaining the licences for third-party software used in their projects (hosting, domains, commercial plugins, etc.).
• Portfolio: Bemorex reserves the right to include the work carried out in its portfolio for promotional purposes, unless there is an express confidentiality agreement.
• Site content: All content on this website (texts, graphics, logos, icons, images, software) is the property of Bemorex or its licensors and is protected by the intellectual property laws of Bolivia.

9. Confidentiality

Both parties undertake to:

• Protection of information: Keep in strict confidence all technical, commercial, financial or other information of any nature provided by the other party.
• Limited use: Use confidential information solely for the purposes of the contracted project.
• Non-disclosure: Not disclose confidential information to third parties without prior written authorisation, except when required by law.
• Duration: The confidentiality obligation will remain in force during the business relationship and for a period of 3 years after its termination.

10. Warranties and Technical Support

The warranties on our services are as follows:

• Warranty period: Software and website developments include a warranty period of 30 days from final delivery, during which errors or faults attributable to Bemorex will be corrected at no additional cost.
• Warranty scope: The warranty covers operational defects under normal conditions of use; it does not include modifications made by third parties, misuse or changes in the client's technology environment.
• Technical support: Technical support after the warranty period will be quoted separately or included in maintenance plans.
• Exclusions: Specific results are not guaranteed for digital marketing, SEO or similar services, as they depend on multiple external factors.

11. Limitation of Liability

In accordance with Bolivian legislation:

• Indirect damages: Bemorex will not be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, data or use.
• Maximum limit: Bemorex's total liability for any claim will not exceed the amount actually paid by the client for the specific service that gave rise to the claim.
• Force majeure: Bemorex will not be liable for non-performance caused by events beyond its reasonable control (natural disasters, social conflicts, failures of third-party services, pandemics, etc.).
• Client content: We are not responsible for the content provided by the client or for the consequences of its publication or use.
• External links: We assume no responsibility for the content of third-party websites linked from our site.

12. Termination and Cancellation

The contractual relationship may be terminated by:

• Mutual agreement: Both parties may agree to the early termination of the service at any time.
• Breach: Either party may terminate the contract if the other breaches substantial obligations and does not remedy such breach within 15 business days of notification.
• Cancellation by the client: The client may cancel the service with 15 days' prior notice. In such a case, they must pay for the work actually performed up to the date of cancellation.
• Cancellation by Bemorex: We may suspend or cancel services for non-payment exceeding 30 days or for their improper use.
• Effects: Upon termination, the client must pay for the services provided and Bemorex will deliver the work progress completed up to that date.

13. Acceptable Use of the Website

By using this website, you undertake to:

• Not carry out illegal activities or activities that violate Bolivian or international legislation.
• Not attempt to access restricted areas of the site or Bemorex systems without authorisation.
• Not transmit viruses, malware or any harmful code.
• Not copy, modify or distribute the content of the site without prior authorisation.
• Not use the site to send unsolicited communications (spam).
• Not impersonate third parties or provide false information.

Failure to comply with these rules may result in restricted access to the site and the corresponding legal action.

14. Changes

Bemorex reserves the right to modify these Terms and Conditions at any time. Changes will be effective from their publication on this website. Continued use of the site or our services after such changes constitutes your acceptance of the new terms.

For contracts in progress, any change will require the consent of both parties.

15. Governing Law and Dispute Resolution

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

• Constitución Política del Estado (Political Constitution of the State)
• Código Civil Boliviano (Bolivian Civil Code)
• Código de Comercio de Bolivia (Commercial Code of Bolivia)
• Ley N° 164 de Telecomunicaciones y TICs (Law No. 164 on Telecommunications and ICTs)
• Ley N° 843 (Régimen Tributario) (Law No. 843, Tax Regime)
• Ley N° 1178 de Administración y Control Gubernamentales (Law No. 1178 on Government Administration and Control) (where applicable)

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

16. General Provisions

• Severability: If any provision of these terms is declared null or unenforceable, the remaining provisions will continue in full force.
• No waiver: The fact that Bemorex does not exercise any right does not imply a waiver of that right.
• Assignment: The client may not assign their rights or obligations without the prior consent of Bemorex.
• Entire agreement: These terms, together with the commercial proposal and any specific contract, constitute the entire agreement between the parties.
• Language: These terms have been drafted in Spanish. In the event of translation, the Spanish version will prevail.

17. Link to 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.

18. Contact

For any enquiry relating to these Terms and Conditions, you can contact us through:

• Email: [email protected]
• Phone: +591 604 07779
• Address: Oruro, Bolivia
• Business Hours: Monday to Friday, 9:00 to 18:00 (Bolivia time (UTC−4))

Thank you for trusting Bemorex with your technology needs.