Terms of Service

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY YOU REPRESENT (hereinafter, “You” or “Your”) AND SIMPLIFIES GROUP (hereinafter, “Simplifies Group”) THAT GOVERNS THE USE OF THE ONLINE SOLUTIONS AND SERVICES PROVIDED.

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter, the “General Terms”) and any specific terms and conditions for the use of individual Services (hereinafter, the “Specific Service Terms”). The General Terms and the Specific Service Terms are collectively referred to as the “Terms.” In the event of a conflict between the General Terms and the Specific Service Terms, the Specific Service Terms shall prevail.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement to accept the Terms. If you do not agree with the General Terms, do not use any of our Services. If you accept the General Terms but do not accept the Specific Service Terms, do not use the corresponding service. You can accept the Terms by checking a checkbox or clicking a button that indicates your acceptance of the terms or by using the Services.

Description of the Service

We provide a variety of services for optimizing and automating your company’s processes with online solutions provided by our partners or created by our development team. You can use the Services for personal, commercial, or internal business purposes within the organization you represent. You can connect to the Services using any Internet browser compatible with the Services. You are responsible for obtaining Internet access and the equipment necessary to use the Services. You can create and edit content with your user account and, if you choose to do so, you can publish and share that content. You are responsible for complying with the terms of service of our applicable partners. You can find the same at our partners’ links:

• Zoho: https://www.zoho.com/terms.html

• Shopify: https://es.shopify.com/legal/terminos

• Charm EHR: https://www.charmhealth.com/ehr/termsofservice.html

• Optivon: https://www.optivonpr.com/legal/

Beta Service Subscription

We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for testing and evaluation purposes. You agree that we have the sole authority and discretion to determine the time period for testing and evaluating the Beta Services. We will be the sole judge of the success of such tests and the decision, if any, to offer the Beta Services as commercial services. You will not be required to purchase a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, any of the Beta Services at any time with or without notice. You agree that Simplifies Group shall not be liable to you or any third party for any damages related to, arising out of, or caused by the modification, suspension, or discontinuation of any of the Beta Services for any reason.

Modification of the Terms of Service

We may modify the Terms by providing notice at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be notified by email at least 30 days before the changes take effect. You may terminate your use of the Services by sending notice to Simplifies Group by email within 30 days of notification of the availability of the modified Terms if they are modified in a way that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to a prorated refund of any prepaid fees for the unused portion. Your continued use of the Service after the effective date of any changes to the Terms will be deemed your acceptance of the modified Terms.}

User Registration Obligations

You must register for a user account by providing all required information to access or use the Services. If you represent an organization and wish to use the Services for internal corporate use, we recommend that you and all other users in your organization register with user accounts by providing your corporate contact information. In particular, we recommend using your corporate email address. You agree to: (a) provide true, accurate, current, and complete information about yourself as requested during the registration process; and (b) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete. If you provide any false, inaccurate, outdated, or incomplete information, or if Simplifies Group has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, Simplifies Group may terminate your user account and refuse current or future use of any or all Services.

Organization Accounts and Administrators

When you register an account for your organization, you may specify one or more administrators. Administrators will have the right to configure the Services according to their requirements and manage end users in your organization’s account. If your organization’s account is created and set up on your behalf by a third party, it is likely that the third party has assumed the role of administrator for your organization. Be sure to obtain an appropriate agreement with the third party specifying the roles and restrictions of that third party as an administrator of your organization’s account.

You are responsible for i) ensuring the confidentiality of your organization’s account password, ii) designating competent individuals as administrators to manage your organization’s account, and iii) ensuring that all activities conducted in connection with your organization’s account comply with this Agreement. You understand that Simplifies Group is not responsible for the administration of the account and internal management of the Services by you.

You are responsible for taking the necessary steps to ensure that your organization does not lose control of the administrator accounts. You may specify a process to follow to recover control in the event you lose control of the administrator accounts by emailing legal@simplifiesgroup.com, provided the process is acceptable to Simplifies Group. In the absence of a specific administrator account recovery process, Simplifies Group may provide control of an administrator account to an individual who provides satisfactory evidence to Simplifies Group demonstrating their authorization to act on behalf of the organization. You agree not to hold Simplifies Group liable for the consequences of any actions taken by Simplifies Group in good faith regarding this matter.

Personal Information and Privacy

The personal information you provide to Simplifies Group through the Products, Services, or Employees is governed by our Privacy Policy. Your choice to use the Service and/or Products indicates your acceptance of the terms of the Simplifies Group Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other confidential information. You are responsible for all activities that occur under your user account and agree to notify us immediately of any unauthorized use of your user account by emailing support@simplifiesgroup.com or calling any of the numbers listed on our website www.simplifiesgroup.com. We are not responsible for any loss or damage to you or any third party incurred as a result of unauthorized access and/or use of your user account.

Communications from Simplifies Group

The Service or products may include certain communications from Simplifies Group, such as service announcements, administrative messages, and newsletters. You understand that these communications will be considered part of the use of the Services and/or products. As part of our policy to provide you with total privacy, we also give you the option to opt-out of receiving our newsletters. However, you cannot opt-out of receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person against you regarding your activities as part of the use of the Products and/or Services, we will send the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint we send you and copy Simplifies Group in the communication. If you do not respond to the complainant within 10 days of the date of our email, we may disclose your name and contact information to the complainant so that the complainant can take legal action against you. You understand that your failure to respond to the complaint within the 10-day time limit will be interpreted as your consent to Simplifies Group disclosing your name and contact information to the complainant.

Fees and Payments

Services available on subscription plans have various durations. Your subscription will automatically renew at the end of each subscription period unless you change your subscription plan to a free plan or notify us that you do not wish to renew your subscription. At the time of automatic renewal, the subscription fee will be charged to the last credit card and/or checking or savings account used by you. You can change payment details if you wish the renewal to be made through a different credit card and/or checking or savings account by calling our finance department at the phone numbers provided on our website or by emailing billing@simplifiesgroup.com. If you do not wish to renew your subscription, you must notify us at least seven days before the renewal date. If you have not informed us that you do not wish to renew the subscription, it will be presumed that you authorized Simplifies Group to charge the subscription fee to the last credit card and/or checking or savings account used by you.

From time to time, we may change the price of any Service or charge for the use of Services that are currently available for free. Any increase in fees will not apply until the expiration of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan. Simplifies Group is not responsible for changes in the prices of any service or charges for the use of our partners’ solutions. The usage prices of our partners are set by our partners and transferred to the customer. Any claim related to prices or charges not made by Simplifies Group must be made directly with the provider.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or make them available to third parties; (ii) provide any service based on the Services without prior written permission; (iii) use third-party links to sites without agreeing to their terms and conditions; (iv) post links to third-party sites or use their logo, company name, etc. without their prior written permission; (v) post any personal or confidential information belonging to any person or entity without obtaining the consent of such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair, or harm any server, network, computer system, or resource of Simplifies Group; (vii) violate any applicable local, state, national, or international law; and (viii) create a false identity to mislead anyone as to the identity or origin of any communication.

If you acquire a solution from one of our partners through Simplifies Group, you are responsible for complying with our partners’ terms of service in order to comply with the policies set by the provider.

Spam and Illegal Activities

You agree to be solely responsible for the content of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, objectionable, offensive to religious sentiments, promotes racism, contains viruses or malicious code, or infringes or may infringe the intellectual property or other rights of another person. You agree not to use the Services for the transmission of “spam,” “junk mail,” “chain letters,” “phishing,” or mass distribution of unsolicited email. We reserve the right to suspend your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Inactive User Account Policy

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you with prior notice of such termination and the option to back up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be treated as a separate and independent service for calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account active in another Service. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data Ownership

We respect your right to ownership of the content created or stored by you. You own the content created or stored by you. Unless specifically permitted, your use of the Services does not grant Simplifies Group a license to use, reproduce, adapt, modify, publish, or distribute the content created by you or stored in your user account for commercial, marketing, or similar purposes. But you grant Simplifies Group permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account only as required for the purpose of providing the Services.

User-Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you are solely responsible for such content and the consequences of its transmission or publication. Any content that is made public will be publicly accessible through the Internet and may be crawled and indexed by search engines. You are responsible for ensuring that no private content is made publicly available. Any content that you may receive from other users of the Services is provided AS IS for your information and personal use only, and you agree not to use, copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit such content for any purpose without the express written consent of the person who owns the rights to such content. While using any of the Services, if you come across any content with a copyright notice or a copy protection feature, you agree not to remove that copyright notice or disable that copy protection feature. By making any copyrighted/protected content available on any of the Services, you affirm that you have the consent, authorization, or permission, as the case may be, from any person who may claim any rights to such content to make such content available in such a manner. Furthermore, by making the content available in the manner mentioned above, you expressly agree that Simplifies Group will have the right to block access or remove such content available if Simplifies Group receives complaints about any illegality or violation of third-party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly agree to the determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Simplifies Group for this purpose.

To know the procedure related to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, you can access https://simplifiesgroup.com/abuse-policy/.

If you wish to protest the blocking or removal of content by Simplifies Group, you can do so in the manner indicated here https://simplifiesgroup.com/abuse-policy/.

Sample Files and Applications

Simplifies Group may provide sample files and applications to demonstrate the capability to use the Services effectively for specific purposes. The information contained in these sample files and applications consists of random data. Simplifies Group makes no warranty, express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.

Disclaimer of Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMPLIFIES GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLIFIES GROUP MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SIMPLIFIES GROUP, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT SIMPLIFIES GROUP SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER OR FOR ANY LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF SIMPLIFIES GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SIMPLIFIES GROUP’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

You agree to indemnify and hold harmless Simplifies Group, its officers, directors, employees, suppliers, and affiliates from and against any losses, damages, fines, and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any provisions of the Terms, or any other claim related to your use of the Products or Services provided, except where such use is authorized by Simplifies Group.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Puerto Rico and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Simplifies Group may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account, temporarily disable access, or suspend the service to all or part of any Service in the event of suspected illegal activity, prolonged periods of inactivity, or requests by law enforcement or other government agencies. Objections to the suspension or disabling of user accounts should be made to abuse@simplifiesgroup.com within thirty days of notification of the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account at your request.

Additionally, we reserve the right to terminate your user account and deny the Services if we believe that you have violated the Terms and may terminate your access to any Beta Service in the event of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Simplifies Group breaches its obligations under these Terms and, in such an event, you will be entitled to a prorated refund of any prepaid fees. Termination of the user account and/or Service will include denial of access to all Services, deletion of information in your user account, such as your email address and password, and deletion of all data in your user account.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Agreement, please contact us at abuse@simplifiesgroup.com.

Project Terms

1. Fees and Deposits

1.1. 50% of the stipulated fee in the proposal must be paid immediately once the buyer approves it and gives instructions for the project design and development to begin. The remaining 50% must be paid once the work is completed to your reasonable satisfaction. We reserve the right not to commence any project until the deposit has been paid in full.

1.2. The 50% deposit will only be refundable if Simplifies Group fails to meet the obligations stipulated in the contract. The deposit is non-refundable if our developer has started the project and you decide to terminate the contract without any fault on our part.

1.3. Payment Methods: Simplifies Group accepts the following payment methods: debit or credit card, bank transfer, PayPal, or check (processed as ACH debit).

2. Supply of Material

2.1. You must provide all materials and information required by Simplifies Group to complete the work within 7 business days of signing the contract. Such materials may include, but are not limited to, photographs, written copy, logos, and other materials. If you fail to provide these materials within this timeframe, we have the right to close the project without refunding the deposit and to invoice any part or parts of the work already completed.

3. Variations

3.1. We are pleased to have the opportunity to make revisions to our work. However, we reserve the right to limit the number of proposals to a reasonable amount, with a maximum of three proposals. Simplifies Group may charge for additional proposals if they involve a change from the original specification.

3.2. Our development phase is flexible and allows for certain variations from the original specification. However, any major deviation from the specification will be charged at the current hourly rate.

4. Project Delays and Client Responsibilities

4.1. Any timeline or estimate we provide is dependent on your full cooperation and the complete and final content of the work. During development, a certain amount of feedback is required to progress to subsequent phases. You are required to designate a single point of contact on your behalf, and this person must be available daily to expedite the feedback process.

4.2. If a project is paid for and not carried out within the first 45 days from the payment date due to reasons entirely related to the client (such as not responding to communications or not providing the necessary information), the client will lose the money in full. This money will not be used as credit for the client nor transferred to any other project or service.

5. Approval of Work

5.1. Upon completion of the project, you will be sent a document to validate that all work done is as requested. You have 7 days to review it and return with any observations. If there are applicable observations, they will be addressed; if no response is received within the 7 days, the document will be considered fully approved, and no further modifications will be made. Once approved, the project will be considered completed, and no further modifications will be made, so the remaining 50% of the project price will be required.

6. Rejected Work

6.1. If you reject any of our work within the 7-day review period, or do not approve the subsequent work done by us to remedy the points recorded as unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in rejecting the work, we may choose to treat this contract as completed and take measures to recover payment for the work done.

7. Payments

7.1. At the end of the 7-day review period, we will invoice you for the remaining 50% of the project. Once the final invoice is sent, you will have 7 days to issue the remaining balance. If payment is not received, a late payment penalty of 45% of the invoice value will apply.

8. Your Warranty as to Ownership of Intellectual Property Rights

8.1. You must obtain all necessary permissions and authorities regarding the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material you provide us to include in your website or web applications. You must indemnify us and hold us free from any claim or legal action related to the content of your website or application.

9. Licenses

9.1. Website development: Once you have paid us in full for our work, we grant you a license to use the website and its related software and content for the life of the website.

9.2. Application development: Once the User Integration Testing (UIT) phase is completed, a license will be billed to initiate the User Acceptance Testing (UAT) phase. This date will be the start of your billing cycle for your subscription to said application. At the end of the UAT phase, the remaining 50% of our work will be invoiced along with any additional licenses for your organization.

9.3. Application customizations: You must acquire at least one license for the application to be customized. This date will be the start of your billing cycle for your subscription to that application. At the end of the UAT phase, the remaining 50% of our work will be invoiced along with any additional licenses for your organization.

10. Search Engines

10.1. We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practices.

11. Consequential Loss

11.1. We shall not be liable for any loss or damage that you may suffer that is attributable in any way to any delay in the performance or completion of our contract, however that delay occurs.

12. Disclaimer

12.1. To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements, or representations, express, implied, statutory, or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the foregoing, to the extent permitted by law, any liability of Simplifies Group under any term, condition, warranty, or representation that by law cannot be excluded is limited, where permitted by law, at our option to the replacement, repair, or resupply of services or payment of the cost of the services that we were contracted to perform.

13. Outsourcing

13.1. We reserve the right to outsource the services agreed to perform for you as we see fit.

13.2. Puerto Rico: Any outsourcing will be conducted in accordance with local laws and regulations.

13.3. Colombia: Any outsourcing will be conducted in accordance with current Colombian legislation. 

13.4. United States: Any outsourcing will be conducted in accordance with applicable federal and state laws.

14. Non-Disclosure

14.1. We (and any subcontractors we engage) agree that we will never disclose your confidential information to third parties.

15. Additional Expenses

15.1. You agree to reimburse us for any requested expenses that are not part of our proposal, including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registrations, web hosting, or comparable expenses.

16. Backups

16.1. You are responsible for maintaining your own backups with respect to your website and/or application, and we will not be liable for restoring any client data except to the extent that any loss of data arises from an act of gross negligence or omission by us.

17. Ownership of Domain Names and Web Hosting

17.1. We will provide account credentials for domain name registration and/or web hosting that we have purchased on your behalf when you reimburse us for the expenses incurred.

18. Governing Law

18.1. Any contract arising from this proposal will be governed, construed, and enforced in accordance with the laws of the Commonwealth of Puerto Rico, the laws of Colombia, or the laws of the United States, as applicable. Should a court or agency with jurisdiction determine that any of these terms and conditions are not valid, the remaining provisions shall remain in full force and effect.

19. eCommerce

19.1. You are responsible for complying with all relevant laws relating to eCommerce and/or the terms of use of the applications of our partners acquired through Simplifies Group. To the extent permitted by law, we shall not be liable, and you shall indemnify Simplifies Group and its subcontractors from any claims, penalties, arising from your use of the internet, application, or eCommerce by your customers.

20. Client Response and Timing Clause  

20.1. The client agrees to remain responsive and provide the required documents, necessary information, test the environment, and review the delivered work within a maximum period of 7 business days from the request by Simplifies Group. If the client does not respond within this period, or if the client does not provide the information or fulfill the required requests, Simplifies Group reserves the right to close the project. Simplifies Group commits to making three attempts to communicate with the client before closing the project, using both email and phone calls. 

20.2. If the client’s lack of response is due to extreme circumstances that prevent their participation, it will be considered an exceptional situation.

Extreme Circumstances Preventing Client Participation 

In the event that the client’s lack of response is due to extreme circumstances that prevent their participation, it will be considered an exceptional situation. Extreme circumstances include, but are not limited to:

• Natural Disasters: Earthquakes, hurricanes, floods, or other natural phenomena that render communication or active participation by the client impossible.

• Severe Medical Emergencies: Critical illnesses, long-term hospitalization, or severe medical conditions affecting the client or their immediate family members, hindering their ability to respond or delegate.

• Armed Conflicts or War Situations: Any situation of armed conflict, war, civil unrest, or other high-security situations that compromise the client’s safety and their ability to communicate.

• Technological Catastrophes: Severe technological failures, such as cyberattacks, prolonged power outages, or any incident affecting the necessary infrastructure for client communication.

• Death: The death of the client or a direct family member, which would prevent their participation or the delegation of their responsibilities.

Extreme Circumstances Without Possibility of Reassignment 

In certain cases, extreme circumstances may be so severe that the client cannot reassign responsibilities to another person, even temporarily. These circumstances include, but are not limited to:

• Death of the Client: The death of the client, especially if there are no pre-established mechanisms for the immediate delegation of responsibilities.

• Catastrophic Natural Disasters: Earthquakes, hurricanes, floods, or other large-scale natural phenomena that destroy the necessary infrastructure for client communication and operation, making any form of response or reassignment impossible.

• Severe Medical Emergencies Without Possibility of Delegation: Severe and incapacitating medical conditions of the client, where the client is in a coma or a similar medical state that prevents any form of communication or delegation, and no pre-assigned authorized representatives are available.

• Severe Armed Conflicts or War Situations Without Possibility of Delegation: Situations of intense armed conflict, war, or civil unrest that compromise the client’s safety to such an extent that any form of communication or delegation of responsibilities is unfeasible.

Procedure in Cases of Extreme Circumstances 

1. Notification and Proof: The client, an authorized representative, or a competent authority must notify in writing the existence of the extreme circumstance, providing reasonable and non-intrusive evidence to support the claim.

2. Case Evaluation: Simplifies Group will evaluate the notification and the evidence presented. If it is determined that the circumstance meets the criteria of an extreme situation, the following steps will be taken.

3. Temporary Suspension of Service: The contracted services will be temporarily suspended until the client can resume participation or delegate their responsibilities to another person.

4. Rescheduling or Cancellation: If the extreme situation is indefinitely prolonged, the service may be rescheduled or the contract canceled, without refunds of advance payments.

5. Delegation of Responsibilities: If the situation allows, the client may assign an authorized representative to continue with the contractual responsibilities. Simplifies Group must be officially informed of such delegation.

This procedure will only apply in clearly demonstrable extreme circumstances and does not exempt the client from other contractual responsibilities in normal situations. 

20.3. To reactivate the project after its closure due to lack of response or fulfillment of requests, the client must pay the remaining 50% of the initially agreed project amount. In case of a second lack of response or fulfillment of requests and subsequent project closure, the client may reactivate it by paying 10% of the total project value as a single additional opportunity. 

20.4. In projects that are paid 100% in the first invoice, if a lack of response or fulfillment of requests occurs and the project is closed, the reactivation rule will directly apply with 10% of the total project value for the second opportunity and 5% for the third and final opportunity.

Consulting Services of Simplifies Group

1. Payment and Invoicing

1.1. Simplifies Group consulting services must be paid in advance or through the issuance of a Purchase Order (PO) that details everything necessary to guarantee future payment.

1.2. If the client chooses to pay in advance, the corresponding invoice must be paid in full within 5 business days following the issuance of the invoice. In case of payment delay, a late fee of 45% of the total amount of the overdue invoice will automatically apply.

1.3. If the client opts to use a PO to receive the service in advance, invoices will be issued weekly based on the consumption made that week. Each invoice must be paid in full within 30 calendar days following the issuance of the invoice. If payment is not received on day 31, all services related to the PO will be immediately suspended, regardless of the nature of the service or the client.

2. Suspension and Restoration of Services

2.1. Services suspended due to non-payment will only be restored once Simplifies Group has received full payment and the funds are available in our bank account. While the payment is not available in the account, the services will remain suspended without any distinction.

2.2. During the suspension period, Simplifies Group will not be responsible for any loss or damage that may result from the interruption of services.

3. Client Responsibilities

3.1. The client is responsible for providing accurate and complete information in the PO and ensuring that all necessary terms and details for payment are clearly specified.

3.2. It is the client’s responsibility to ensure that payments are made in a timely manner according to the terms specified in these terms and conditions.

4. Definition of Services

4.1. Consulting services are defined as the provision of professional and expert advice in specific areas of business, technology, and processes. This does not include training and/or development, which is a separate service offered by Simplifies Group.

4.2. Simplifies Group and its personnel only provide training on the platforms that the company offers. For any other platform not included in our offers, we will provide the service if we have knowledge of it, but the client must understand that we are not certified in it. If the client wishes for a Simplifies Group employee to provide service related to such a platform, the client must bear the costs of training the employee and any derivatives thereof, without affecting the cost of training hours. If the client wishes Simplifies Group to obtain certification in a specific platform, the client must bear the costs of certification for the Simplifies Group employee(s), as well as the hours necessary to complete the certification.

5. General Provisions

5.1. These terms and conditions will be governed and interpreted in accordance with the laws of Puerto Rico, Colombia, and Alabama, USA.

5.2. Simplifies Group reserves the right to modify these terms and conditions at any time. Any modification will be communicated to the client with 30 days’ notice.

5.3. In case of dispute, the parties will submit to the jurisdiction of the courts corresponding to each country: Colombia, Puerto Rico, and Alabama, USA.

5.4. Simplifies Group has an hourly rate which will be adjusted according to market values. Clients under PO will receive updates of these costs once their initial hours have been consumed and they request additional hours.

Simplifies Group Training Service

1. Payment and Invoicing

1.1. Simplifies Group training services must be paid in advance. The corresponding invoice must be paid in full within 5 business days of the invoice date. In case of late payment, a late fee of 45% of the total outstanding invoice amount will be automatically applied. Training will not commence until full payment has been received.

1.2. Training will be provided according to the availability of both parties, so it is the client’s responsibility to inquire about availability before making payment. If the client does not show up on the agreed date, they will lose their money. If it is a group session and some members are absent, it is the responsibility of the person who requested the training to provide the information to the absentees, not Simplifies Group. A maximum of 15 minutes will be waited to start the training; at the 16th minute, it will be considered canceled and there will be no refund. If the client needs to reschedule the training date, they must inform Simplifies Group at least 24 hours in advance; otherwise, the same cancellation conditions will apply.

2. Client Responsibilities

2.1. It is the client’s responsibility to ensure that payments are made in a timely manner according to the terms specified in these terms and conditions.

3. Definition of Services

3.1. Training services are defined as the provision of professional and expert training on the applications offered by Simplifies Group. These trainings will only be provided on our applications and will not be conducted on any other platform under any circumstances.

3.2. Each training session is limited to a maximum of 10 people. If the client wishes to include more participants, an additional fee will be charged for each extra participant.

3.3. The hours and costs of the training sessions vary depending on the specific application. Specific details on the duration and cost of the training will be provided in the initial proposal and must be accepted by the client before the service begins.

3.4. Upon client request, the training session can be recorded for their benefit. A link to download the recording will be provided, which will be available for 30 days. After this period, the recording will be deleted. This applies to both online and in-person sessions.

3.5. For on-demand training, please refer to the application terms.

4. General Provisions

4.1. These terms and conditions will be governed and interpreted in accordance with the laws of Puerto Rico, Colombia, and Alabama, USA.

4.2. Simplifies Group reserves the right to modify these terms and conditions at any time. Any modification will be communicated to the client with 30 days’ notice.

4.3. In case of dispute, the parties will submit to the jurisdiction of the courts corresponding to each country: Colombia, Puerto Rico, and Alabama, USA.

4.4. Simplifies Group has an hourly rate which will be adjusted according to market values.

Simplifies Group Technical Support Service

1. Payment and Invoicing

1.1. Simplifies Group technical support services must be requested by sending an email to support@simplifiesgroup.com, calling our phone number and selecting the support option, or through the Portal. Simplifies Group will respond to the request within [response time] hours.

1.2. The client must pay in advance for one hour of technical support so that the technician can evaluate the situation and provide information. If the technician manages to resolve the issue within that hour, the service is considered complete, and any remaining time from that hour will not be carried over.

1.3. If one hour is not sufficient, the technician will use that hour to identify the cause of the problem and provide an estimated resolution time. The client must pay in advance for the estimated number of hours to complete the service. If the issue is not resolved within the estimated time, the client will be notified and the next steps, including any additional charges, will be agreed upon. The problem resolution time will depend on each individual case based on the situation.

1.4. In the technical support service, the client can accumulate prepaid hours for future services.

2. Service Restoration

2.1. During the period of technical support, Simplifies Group will not be responsible for any loss or damage that may result from the interruption of services.

3. Client Responsibilities

3.1. The client is responsible for providing accurate and complete information when sending the support request email, making the phone call, or using the portal, and ensuring that all necessary details are clearly specified.

3.2. It is the client’s responsibility to ensure that payments are made in a timely manner according to the terms specified in these terms and conditions.

4. Definition of Services

4.1. Technical support services are defined as the provision of technical assistance to identify and resolve specific issues related to the technologies and platforms offered by Simplifies Group. This response will include analysis and recommendations for the solution of the “tickets”. This will depend on the detail received in the creation of the ticket.

4.2. Recording the process of problem resolution or providing detailed explanations on how to perform it for future occasions is an additional service called “training,” which is offered separately at a specific cost. This technical support service will be limited to problem resolution, identification of the error or its cause, and any recommendations to prevent recurrence.

4.3. Simplifies Group and its staff only provide technical support for the platforms offered by the company. If the client wishes for a Simplifies Group employee to provide service related to a specific platform in which we are not certified but have knowledge, the client must bear the costs of employee training and any related expenses, without affecting the cost of support hours. If the client wishes Simplifies Group to obtain certification in a specific platform, the client must bear the costs of certification for the Simplifies Group employee(s) and the hours required to complete such certification.

5. Ticket Classification for Response Times

All tickets will be worked on during business hours from Monday to Friday, 8 am to 6 pm (CST) or 9 am to 6 pm (AST). Tickets received outside this period will be handled the next business day.

• High (24 business hours): They are the highest priority and receive the first attention. High support cases indicate a reported incident in which the solution or production environment, as applicable, is completely inoperable or inaccessible to all customer users.

• Medium (48 business hours): Indicates a reported incident where the problem has impacted the performance of the intended use of the solution or environment in production and is causing a material and adverse impact to the majority of the client’s users; or, it does not work materially within the documented functionality and is affecting most of the client’s users.

• Low (72 business hours): Indicates an incident in which the solution or environment is operating within the documented functionality, and the client wishes to register an idea for inclusion in future versions.

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6. General Provisions

6.1. These terms and conditions will be governed and interpreted in accordance with the laws of Puerto Rico, Colombia, and Alabama, USA.

6.2. Simplifies Group reserves the right to modify these terms and conditions at any time. Any modification will be communicated to the client with 30 days’ notice.

6.3. In case of dispute, the parties will submit to the jurisdiction of the courts corresponding to each country: Colombia, Puerto Rico, and Alabama, USA.

6.4. Simplifies Group has an hourly rate which will be adjusted according to market values.

Terms and Conditions for Licenses

Zoho 

1.1. Zoho license prices are subject to change at the provider’s discretion (Zoho). Any cancellation by the client or by Simplifies Group LLC will be reflected at the end of the current cycle and must be communicated 30 days in advance.

1.2. If the client pays directly to Zoho, they can make any changes they wish on their own. If the client pays to Simplifies Group LLC, any changes must be informed to us for processing.

1.3. After four years with Zoho, the client must switch to paying directly to Zoho. If the client chooses to remain with Simplifies Group LLC, a 10% increase will be applied to their product payment.

1.4. Unpaid licenses will result in service suspension, which will not be reactivated until payment is received.

1.5. The client must comply with Zoho’s policies, which can be found at this link, as well as Simplifies Group LLC’s policies.

1.6. Clients with another Zoho partner must authorize us by sending an email to Zoho to tag us and provide support. They must notify their current provider of this action. Without this authorization, we will not be able to offer technical support, although we can provide consulting and training.

GoDaddy 

2.1. The client must pay for the domain once they receive their annual invoice. If not paid, the license will be suspended and must be paid along with reactivation fees to be reactivated.

2.2. To transfer their domain to another provider or manage it themselves, the client must provide us with the name of the provider and the administrator’s email address. Otherwise, the request cannot be completed.

2.3. Domain transfer can take 10 to 30 days. The domain must be active and paid during this period.

2.4. Once the domain is transferred, Simplifies Group LLC will not be responsible for it, and any support requested will require re-enrollment with us.

2.5. Clients with another provider who wish to move to Simplifies Group LLC must provide us with their credentials. Our main manager is GoDaddy, and they must comply with our policies and GoDaddy’s policies.

SiteGround 

3.1. If the client does not pay for a backup service, they are responsible for any issues with their website and data.

3.2. If the client does not pay on time and the service is canceled, Simplifies Group LLC will not be responsible for any consequences.

3.3. If the client moves to another provider, Simplifies Group LLC will not be responsible for data export unless the client pays for this service. The same applies if they wish to transfer to Simplifies Group LLC.

3.4. The client must comply with SiteGround’s policies, which can be found at this link, as well as Simplifies Group LLC’s policies.

AWS, Leadwire, and Codecom 

4.1. The client must comply with the terms and conditions of each provider, as well as Simplifies Group LLC’s policies. Below are links to each provider’s policies:

• AWS

• Leadwire

• Codecom

IMOLE

(Training Content)

5.1. All licenses are processed through sales@simplifiesgroup.com, phone call, and/or portal to request a quote and information. Clients can access the portal once the payment has been processed. If the invoice is not paid by the due date, access will be suspended and will be restored upon receipt of payment. Monthly and annual access determines the content that can be accessed according to the time paid for the licenses.

5.2. Only authorized persons will have access to the portal. Sharing, distributing, recording, or otherwise disseminating the portal’s content is strictly prohibited. Additionally, sharing credentials to allow another user not covered by the license payment to access is also prohibited. Any violation will result in legal action.

General 

5.1. Service prices and license terms are subject to change. Clients will be notified 30 days in advance of any changes.

5.2. For detailed information on all terms and conditions, services, and offerings provided by Simplifies Group LLC, please visit our terms and services.