General Terms and Conditions of Service

Sustek.co is owned by Consultoría en Tecnología Sostenible S.A.S. BIC, a Colombian commercial company, legally incorporated, domiciled in the city of Bogotá D.C. – Colombia, identified for tax purposes with NIT number 901.966.636-8.

This document contains legal information; we recommend reading it in full. By accepting these Terms and Conditions, the user acknowledges having read and accepted them in their entirety, and understands that they are legally binding and mandatory. By accessing or using the platform, content, and services, the User accepts these conditions. Otherwise, the User must refrain from accessing the platform and services, directly or indirectly, and from using any information or service provided by them.

By accessing and using the services, you agree to be legally bound by these Terms and Conditions, which establish a contractual relationship between the user and Consultoría en Tecnología Sostenible. If you do not accept these Terms and Conditions, you may not access or use the services. These Terms and Conditions expressly supersede any prior agreements or commitments with you. Consultoría en Tecnología Sostenible may immediately terminate these Terms and Conditions or any of the services with respect to you at any time and for any reason.

Sustek.co may modify the Terms and Conditions relating to the Services at any time it deems appropriate. Modifications will take effect after publication at this location. Your continued access to or use of the Services after such publication constitutes your consent to be bound by the Terms and Conditions and their modifications.

The collection and use of personal information in connection with the services is as set out in the Sustek.co Privacy Policy.

1. Definitions

Capitalized terms have the meaning assigned to them below:

Web Portal: Source code, object code, back-end, front-end, and all other elements comprising the website.
Application or Platform: Software designed to function as a program available on technological devices, enabling a user to perform one or more tasks within the scope of these Terms and Conditions.
Electronic Commerce: The carrying out of commercial acts, businesses, or operations agreed upon through the exchange of data messages transmitted telematically between suppliers, intermediaries, and consumers for the marketing of goods, in accordance with Article 49 of the Consumer Statute, Law 1480 of 2011.
Client(s) or User(s): Natural or legal persons who decide to use the Platform to meet the particular needs of their business model.
Personal Data: All information that identifies or makes identifiable a natural and/or legal person.
Privacy Policy: The privacy policies of Consultoría en Tecnología Sostenible S.A.S., published on the Platform at https://sustek.co/privacy.
Services: All services offered and explained in this document.
Terms and Conditions: Terms of Use or Agreement — these Terms and Conditions of Consultoría en Tecnología Sostenible S.A.S. BIC.
Credentials: Username and password used to access the Platform.
Registration: Process carried out by a User and/or Client through the Platform.

2. Acceptance of the Terms and Conditions

By accepting these Terms and Conditions, the User accepts the conditions contained herein, as well as the Privacy Policy of Consultoría en Tecnología Sostenible S.A.S. BIC, and all other operating rules, policies, and procedures that may be published on the Platform.

Some services offered on the Platform may be subject to additional Terms and Conditions. If the User does not accept them, they must refrain from using those services.

3. Legal Capacity

In accordance with Colombian Law, the User who accepts these Terms and Conditions must be legally competent and hold the relevant authorizations to bind the person they represent.

The User warrants that they are aware of whether or not they have the capacity to enter into contracts on behalf of the person designated as User.

4. Scope of Service

Sustek.co is a sustainable consulting firm that uses technology to drive positive impact for people and the planet.

4.1. Legal Relationship between Sustek.co and the User

Any use of the Platform for a purpose other than those established herein shall be considered a material breach of these Terms and Conditions. The Platform license does not grant the User the right to economically exploit any industrial property rights or copyrights held by Sustek.co.

The license grants the User solely the right to use the Platform in relation to its functionalities. Using the Platform for unlawful purposes or in violation of Colombian law constitutes a breach of contract and may trigger the penalty clause set out in these Terms. Sustek.co reserves the right to unilaterally cancel the Platform license.

5. General Provisions

5.1. Services Rendered

The procedures and services covered by Sustek.co's fees are those expressly identified in the service proposal. Any other procedure or service is excluded and must be quoted separately. Sustek.co commits to rendering services once payment has been registered by the Client.

If the Parties agree that services will be rendered prior to payment, this shall be expressly stated in the service proposal accepted by the Client, which shall be binding on the Parties as a Commercial Offer.

5.2. Intellectual Property Protection

Sustek.co owns the source code and object code of its Platform. Sustek.co reserves the right to take all necessary measures to restrict User access if there is suspected violation of intellectual property or copyright rules to the detriment of Sustek.co's interests.

5.3. Account Access

An account will be created in the User's name within the Platform, containing the client's information and tools to access the services and resources of the web portal.

5.4. Platform Accounts

Platform and/or website accounts are personal and non-transferable. If a third party gains access to the credentials, the Client must immediately notify Sustek.co. Any misuse generated by third parties using the client's access credentials is the Client's responsibility; Sustek.co shall bear no liability.

5.5. Profile Display

Sustek.co will configure the Client's professional profile to share it with projects and specialties that best match their profile.

6. Duration

The term for the execution of contracted activities shall be that stipulated in the service proposal and shall be automatically renewed for the same period unless either Party expresses the contrary.

Either Party may unilaterally terminate the relationship at any time, provided they do so in writing with thirty (30) days' advance notice.

7. Sustek.co's Obligations

Sustek.co shall render the contracted services with full professional autonomy and independence, committing to:

A. Promptly notify in writing, with appropriate justification, any change that affects or may affect the conditions of the relationship between the Parties.
B. Act in good faith in the execution of the relationship between the Parties.
C. Fulfil all obligations inherent to the nature of the relationship and applicable legal obligations.
D. Maintain strict confidentiality over all information known about the User.

8. Client's Obligations

The User commits to:

A. Pay for the Services promptly and in accordance with what has been agreed in the Commercial Proposal.
B. Act in good faith in the execution of the relationship between the Parties.
C. Fulfil all contractual obligations inherent to the nature of the relationship and applicable legal obligations.
D. Maintain strict confidentiality over all information belonging to Sustek.co.

9. Sustek.co's Rights

By virtue of the provision of services, Sustek.co holds the following rights in particular:

A. To reserve the strategy to be followed in relation to the advisory services requested by the User.
B. To decline to provide advisory services when circumstances warrant, especially when the client is in breach of any of their obligations.
C. To request and obtain from the client the information necessary for the development of consultancies.
D. To demand from the User compliance with the rights and duties set out herein.

10. Client's Rights

By virtue of the agreed services, the User holds the following rights in particular:

A. To request from Sustek.co all the information needed to resolve their queries, consultations, or requests, within the parameters of these Terms and Conditions.
B. To have access to the necessary tools for the handling of their consultations and the proper functioning of their business.
C. To withhold client information that is not necessary for the provision of contracted services.
D. To demand from Sustek.co compliance with the rights and duties set out herein.

11. Payment

Payment for contracted services shall be made as stipulated in the service proposal.

12. Service Suspension by the User

If the User decides to suspend any service(s) provided by Sustek.co, they must notify contact@sustek.co with fifteen (15) calendar days' advance notice. Once the User decides to resume the service(s), they must notify the same email address with fifteen (15) days' advance notice.

13. Termination

The relationship between the Parties may be terminated on the grounds established by law and in particular for the following reasons:

A. By mutual agreement of the Parties.
B. For breach by either Party of the obligations arising from these Terms and Conditions.
C. By unilateral decision of either Party, notifying the other with thirty (30) calendar days' advance notice to contact@sustek.co.
D. Due to supervening impossibility preventing fulfilment of the contractual purpose.
E. If either Party provides false or incomplete information, or refuses to update information required by law.

14. Autonomy and Independence

Sustek.co, its employees, and collaborators shall act on their own account, with full autonomy and without subordination to the User. Persons involved in the execution of the relationship are employees and/or contractors exclusively of Sustek.co and shall have no employment relationship with the User.

15. Relationship between the Parties

These Terms do not create a relationship of principal and agent, consignor and consignee, employer and employee, or partner and associate between Sustek.co and the Client. Neither Party shall be authorized to represent or bind the other in any way, and each Party shall be solely responsible for their own acts.

16. Force Majeure

Neither Party shall be liable for breach of these Terms when caused by an act of God or force majeure. The affected Party shall notify the other in writing within ten (10) calendar days of becoming aware of the event.

If the consequences persist for more than ten (10) calendar days from notification, either Party may terminate the relationship by written notice with five (5) calendar days' advance notice, without the need for a judicial ruling.

17. Arbitration Clause

Any dispute or difference arising between the Parties shall be resolved by a free Arbitration Tribunal for SMEs, filed before the Arbitration and Conciliation Centre of the Bogotá Chamber of Commerce, under the following rules:

The Tribunal shall be composed of one (1) arbitrator chosen by mutual agreement of the Parties.
The Tribunal shall operate in accordance with the Arbitration Rules of the Arbitration and Conciliation Centre of the Bogotá Chamber of Commerce.
The Tribunal shall decide in law.
The Tribunal shall sit at the premises of the Bogotá Chamber of Commerce.

18. Penalty Clause

In the event of material breach of the obligations contained in these Terms and Conditions, the breaching Party shall pay the affected Party a conventional penalty equivalent to one (1) monthly instalment of the monthly consideration set out in the Commercial Proposal, within thirty (30) calendar days following the material breach.

No judicial or extrajudicial demand shall be required to constitute default. The Party liable for the penalty shall also pay monthly default interest equivalent to the Maximum Legal Interest Rate, calculated from the date the penalty should have been settled until the date it is effectively paid.

19. Confidentiality

Confidential Information means all information accessed by the Parties as a consequence of the commercial relationship, regardless of the form in which it was delivered (oral, written, electronic, or as a sample). All information relating to trade secrets, know-how, clients, employees, personal data, and technical and/or commercial information is presumed to be strictly confidential.

The Parties commit to:

Maintaining the strictest confidentiality and secrecy over all information provided by the other party.
Not using Confidential Information for their own direct or indirect benefit, or for the benefit of any third party, entity, or company.
Not copying or reproducing it by any means without prior written authorization.

Neither Party shall incur liability when Confidential Information becomes known to a third party for any of the following reasons:

A. When the information enters the public domain during the term of the relationship without breach by either Party.
B. When the holder authorizes its disclosure in writing.
C. When either Party is required by administrative or judicial order to deliver the information.
D. When either Party obtains the information from a third party without breach of these Terms.

The confidentiality of the User's information shall be maintained during the term of the relationship and for two (2) years after its termination.

20. Personal Data Processing

The Client shall be the "Controller" of Personal Data of third parties collected in connection with the provision of the Services, and Sustek.co shall act as "Processor" of such Personal Data, in accordance with the Statutory Law on Personal Data Protection (Law 1581 of 2012).

Any Personal Data collected from the Client or User shall be processed in accordance with Sustek.co's Privacy Policy, available at https://sustek.co/privacy.

21. Interpretation

These Terms and Conditions shall be interpreted in accordance with the principle of good faith and the purpose of the contracted subject matter, pursuant to Articles 1618 et seq. of the Colombian Civil Code. They shall be governed by the laws of the Republic of Colombia, particularly the Colombian Commercial Code.

22. Assignment

Neither Party may partially or fully assign the execution of the Service unless: (i) they obtain written authorization from the other party; or (ii) the assignment involves affiliated or subsidiary companies, subject to prior written notice to the other Party.

23. Entire Agreement

These Terms and Conditions constitute a complete and total agreement regarding their subject matter, replacing any prior verbal or written contract entered into between the same Parties with respect to the same subject matter.

24. Domicile and Notices

All notices and communications must be made in writing and shall take effect upon receipt by the addressee.

To Sustek.co: contact@sustek.co
To the User: at the contact details provided on the platform.

In the event of a change of address, the Client shall be notified with fifteen (15) calendar days' advance notice. Until such notice is provided, any notification sent to the previous address shall be valid.

25. Modifications

Sustek.co may, at its sole and absolute discretion, modify these Terms and Conditions. Such changes shall apply from the moment they are notified to Users via their registered email addresses, or from the moment they are published on the platform.

For any queries regarding the Terms and Conditions, Privacy Policy, use of the Platform or Profile, the User may contact Sustek.co by email. Messages will be addressed as promptly as possible.

Consultoría en Tecnología Sostenible S.A.S. BIC — NIT 901.966.636-8 — Bogotá D.C., Colombia
sustek.co | contact@sustek.co