THANK YOU FOR USING
DGMXTECH!This text contains the Terms and Conditions that will govern the relationships between Digitizing Mexico Tech, S.A. de C.V., better known as DGMXTECH (hereinafter interchangeably "
DGMXTECH" or "
We" or any derivative), and its Clients, through the website
www.dgmxtech.com
By visiting and/or using and/or registering on the DGMXTECH page, you expressly accept these Terms and Conditions as well as the treatment of personal data that is collected in accordance with the Privacy Notice available on our website.
NTERPRETATION.
The definitions and rules of interpretation in this clause apply to all of the Terms and Conditions and may be used in singular or plural, interchangeably. Privacy Notice: a document that describes how we collect, use, process, and disclose your personal data. The Privacy Notice is available on our website. Clients: any natural or legal person with legal capacity who requests the provision of Services from DGMXTECH. Investment: the payment that Clients commit to make to DGMXTECH for the provision of Services. The Investment will vary depending on the particularities of the requested Services. Documentation: the documents and information that our clients make available to DGMXTECH through our website, an email, or any other means of communication. Maintenance: period in which DGMXTECH will temporarily suspend the operation of the website and/or Services to improve, repair, or prevent their operation. Parties: those who celebrate these Terms and Conditions, that is, the Client and DGMXTECH. Services: those services offered by DGMXTECH to its clients through the website, which are essentially related to the provision of technological services and software development. Terms and Conditions: this text, which constitutes the agreement in which the obligations and rights of the parties are set forth.
OUR SERVICES. Through our website, Clients may request information about the Services offered by DGMXTECH, hire them, request support with the implementation of any of them, or contact us for any questions or comments.
Among the main Services we offer are the following:
Customer Relationship Management: software development that allows determining customer purchasing behaviors. DNA Tech Test: evaluation based on questionnaires, interviews, and visits to our Clients' companies to diagnose the technological level at which the company is, in order to propose possible solutions to the problems encountered. E-Commerce (virtual store): software or website development that allows the implementation of new e-commerce tools such as product management, order management, tracking and payment of the same, among other issues. Enterprise Resource Planning: software development that allows managing and running a company, from the manufacturing of a product to its logistics. Material Resource Planning: software development that allows companies to determine the quantities of raw materials that have to be purchased or manufactured, the dates on which they should arrive at the warehouse for production or distribution cycles, and thus be able to determine the financial consequences of planning. This tool also allows maintaining inventory volumes at healthy levels and alerting in case of any anomaly. Websites: development of a website according to the particular needs of each Client. Warehouse Management System: software development that allows managing warehouses and/or stores, to track the location of products within them, the optimal route for their collection, automation of loading and unloading of products with barcode readers, and also manage real-time inventory entries and exits.
For the request of reports and the contracting of Services, DGMXTECH may require that Clients provide Documentation, which may be sent through the forms found on our website.
Once one or more of our Services are contracted, DGMXTECH will take care of their correct implementation. Subsequently, once the correct implementation of the Services is verified, the Client may review the correct provision of the contracted Services, make the observations they consider pertinent, and, if applicable, approve the work provided. The lack of express approval is presumed tacit when, after two weeks of having concluded the provision of the Services, the Client omits to make any observation.
Once the provision of the Services is approved, the Client may at any time request DGMXTECH to modify, improve and/or repair any of the Services, in which case, this request may be subject to a new Investment.
In addition to the Services mentioned by way of example, Clients may agree with DGMXTECH to provide any other analogous Service, in which case, they will be subject to these Terms and Conditions as well as the Privacy Notice.
OUR COMMITMENTS.
Once the request for reports or contracting of Services is made through our website, DGMXTECH will contact the Client, to, depending on the particularities of each case: (i) dispel any doubts; (ii) establish a work schedule for the delivery of the requested Services; (iii) agree on the amount of Investment; and (iii) establish the forms and means of payment of the Investment.
Communications made between Clients and DGMXTECH will form an integral part of these Terms and Conditions, so it will not be necessary to enter into a different contract for such communications to be valid and binding on the Parties. However, at any time, DGMXTECH may require the Client to enter into a separate contract, based on the request made by the Client and the communications made between the Parties. In this sense, all communication carried out through electronic means will be considered full, valid, and obligatory.
We will make every commercially reasonable effort to ensure that, when the contracted Services are for software development, these are available at all times, except during the Maintenance period, however, it is not guaranteed that the Services, in case of being software, will operate uninterruptedly or error-free.
Furthermore, DGMXTECH is not responsible for delays, errors in delivery, or any other loss or damage resulting from the transfer of data through the Client's communications networks and facilities, including the Internet, so the system may be subject to limitations, delays, and other problems inherent in the use of such technological communication facilities.
We guarantee that we have all the necessary licenses, consents, and permissions necessary for the fulfillment of the Services that our Clients may contract under the Terms and Conditions.
Notwithstanding these commitments, DGMXTECH, its employees, agents, and subcontractors will not be liable to the Client to the extent that a possible breach of the Terms and Conditions arises from: (i) a modification to the contracted Services or the Documentation by a third party; or (ii) the use of the Services by the Client in a manner contrary to the instructions given by Us.
Once the Services are delivered and approved by the Client, DGMXTECH will be free from all responsibility to the Client and third parties.
CLIENT COMMITMENTS.
From this moment, the Client commits to the following: Provide correct, complete, and supplementary information, in case the Documentation sent to DGMXTECH is not sufficient for the correct provision of the contracted Services, in which case, we will let them know. When using our website to contract our Services, comply with all applicable laws and regulations regarding their activities. Assume responsibility for any damages that may arise from the use of the contracted Services. Be solely responsible for obtaining and maintaining their network connections and telecommunications links to their systems; and all issues of delays, errors in delivery, and all types of loss or damage that arise as a result of a poor connection or in relation to the Client's network connections or telecommunications links caused by the Internet. In the event of termination or early termination of the provision of the contracted Services, the Client will understand that all licenses granted were equally terminated, therefore they will not make further use of the Services once contracted.
Any breach by the Client of this or any other section of the Terms and Conditions will result in the termination of the same, without liability for DGMXTECH and without the need for any additional formality.
CONFIDENTIALITY.
All Documentation that Clients deliver to DGMXTECH for the provision of a Service will be used solely and exclusively for such purpose according to the Terms and Conditions, in this sense, we will not disclose any information verbally, in writing, electronically, magnetically, or by any other means, directly or indirectly, except in those cases where express provision of law requires its disclosure.
It should be clarified that the following is not considered confidential information: (i) that is disclosed to the public knowledge, not through any act or omission of the receiving party; (ii) was in the legal possession of the other party before the disclosure; (iii) is legally disclosed to the receiving party by a third party without restriction of disclosure; (iv) is independently developed by the receiving party, provided that independent development can be proven by evidence; or (v) is compelled by law to be disclosed, by any court of competent jurisdiction or by any regulatory or administrative body.
The Parties must maintain confidential information discreetly and, unless the law requires it, not share it with any third party, or use any other confidential information for any purpose other than the application of this agreement.
INTELLECTUAL PROPERTY. D
GMXTECH holds the copyright over any of the Services that may be contracted, particularly those involving developed software, and therefore reserves the rights of reproduction, public communication, distribution, importation, translation, and any transformation of such programs, by any known or to-be-known means. In this regard, the Client only acquires a license, in accordance with the provisions in the following clause.
However, DGMXTECH may at any time transfer the proprietary rights derived from any Service to any Client or third party, without the need to notify anyone of this transfer, unless otherwise required by the Federal Copyright Law or any other applicable law.
USE LICENSE.
If, as a result of contracting our Services, DGMXTECH develops software for a Client, it is understood that the Client acquires a non-exclusive license for the developed software.
In this regard, unless otherwise agreed, the Client must refrain from: (i) accessing all or part of the Services for the purpose of creating a product or service that competes with them; (ii) using the Services to provide the same Services to third parties; (iii) licensing, selling, renting, leasing, transferring, distributing, displaying, disclosing, or any other way commercially exploiting the Services without DGMXTECH's authorization; (iv) attempting to obtain, or assisting others in obtaining, unauthorized access to the Services; and (v) using the Services for any purpose that is inconsistent with those specified by the Terms and Conditions and by DGMXTECH.
The duration of the license will be as agreed upon by DGMXTECH and the Client. In the absence of an agreement, the license will have a validity of 5 years, in accordance with the Federal Copyright Law.
FORCE MAJEURE.
DGMXTECH shall not be liable to the Client under the Terms and Conditions if it is prevented or delayed in the performance of its obligations or in the exercise of its business, due to acts, omissions, events, or accidents beyond its reasonable control, including but not limited to the lack of public service or transportation or telecommunications networks, epidemics, fortuitous events, war, riots, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or default of suppliers or subcontractors, provided that the Client is notified of such events and their expected duration.
ALLIANCES OR COLLABORATIONS.
Nothing in this agreement is intended, or shall operate, to create a partnership between the parties, or authorize either of the parties to act as an agent for the other, and neither of the Parties shall have the authority to act in the name of or to bind the other in any way (including, but not limited to, making any representation or warranty, the assumption of any obligation or liability, and the exercise of any right or power).
Furthermore, these Terms and Conditions do not confer any rights to any person or party other than the parties included herein, their successors, and permitted assignees.
MODIFICATIONS TO THE TERMS AND CONDITIONS.
DGMXTECH reserves the right to modify or update these Terms and Conditions at any time, due to legal requirements, our own needs for the products or services we offer, changes in our business model, or other reasons.
If this is the case, we commit to keeping you informed about any changes that may occur to the Terms and Conditions through our website.
You can find this updated document on our website, in the "Terms and Conditions" section, which will include the latest update date.
LAWS AND APPLICABLE JURISDICTION.
These Terms and Conditions shall be interpreted in accordance with Mexican law. Furthermore, the Parties agree that any controversy arising from these Terms and Conditions shall be resolved by the courts in Mexico City, submitting to such jurisdiction, waiving any other that may correspond to them by domicile, amount, or matter.
If any provision is invalid, unenforceable, or illegal; if any of its parts were eliminated; the Terms and Conditions will be applied with the modifications necessary to give effect to the commercial intentions of the parties or will be referred to the applicable laws in that case.
WILL AND CONSENT.
This agreement, and any other document referred to herein, constitute the complete agreement between the parties and replace any previous contract, understanding, or agreement between them on the subject matter hereof.
The parties agree to each and every one of the stipulations in the Terms and Conditions and formally commit to complying with them. The parties further declare that there has been no error, nor injury, and renounce to rescind the Terms and Conditions for that cause.
