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CONTRACT OF SERVICE
The CONTRACT FOR THE PROVISION OF SERVICES is hereby recorded, entered into on the one hand by the company DEL RISCO REPORTS, with RUC Nº20504166318, with address at Tomás Ramsey 930, District of Magdalena, Lima, Peru, duly represented by its General Manager, Mr. Julio Enrique del Risco Lizarzaburu, with powers registered in electronic entry No. 11369562 of the Registry of Legal Entities of Lima, hereinafter called THE AGENCY, and on the other hand the company (THE SUBSCRIBER) that has registered for the request for Reports credits via Online. under the following terms and conditions:
FIRST: BACKGROUND
DEL RISCO REPORTS (THE AGENCY), is a Private Risk Information Center (CEPIRS), regulated by Law No. 27489, and its amending Law No. 27863, with a personal database duly registered in the National Registry of Protection of Personal Data (Directoral Resolution No. 1600-2015-JUS-DGPDP-DRN) thereby complying with Law No. 29733, Law on Protection of Personal Data.
SECOND: SERVICES
Through this contract, THE AGENCY undertakes to provide THE SUBSCRIBER with credit, commercial and financial reports of the companies and businesses established in the countries of the Latin American area, which must be used by THE SUBSCRIBER exclusively in relation to the evaluation of credit applications, the opening of accounts, the issuance of credit insurance policies or any other legally permissible commercial use in the place of the source of credit information to be supplied and/or in the place of use of the information, and exclusively within its business activity or operations and for its exclusive use, respecting the directives of Law 29733 (Protection of personal data) and the European General Data Protection Regulation - GDPR and similar.
THIRD: CHARACTERISTICS OF THE SERVICE
The credit reports requested by THE SUBSCRIBER must be delivered by THE AGENCY through email or other forms of information remission agreed upon by the parties.
The requested reports will be delivered in Spanish and/or English, in the standard format that THE AGENCY has and that THE SUBSCRIBER declares to know.
The information requested will only include businesses and legal entities from the indicated countries.
The delivery times for the requested information are detailed in the indicative format and which forms an integral part of this contract, which will vary depending on the type of service chosen.
FOURTH: RATES
THE SUBSCRIBER will have the rates that are in force at the time of signing this contract. The amount of the rate is at net value, so THE SUBSCRIBER agrees to pay it in full.
Rates may vary in the event of an increase in inflationary and/or exchange rates occurring in the country in relation to the foreign currencies with which billing is agreed.
FIFTH: CONFIDENTIALITY
THE SUBSCRIBER declares to be aware that the information provided by THE AGENCY is of a strictly confidential nature, and therefore may not disclose or inform third parties of said information, much less inform the subject of the information of the results of the confidential report. The obligation of confidentiality will remain indefinitely, even in case of termination of this contract.
In the same way, THE SUBSCRIBER undertakes to make its maximum effort so that its personnel with access to the information provided by THE AGENCY is managed by those with the strictest reserve and confidentiality, under their own responsibility.
In case of breach of its confidentiality obligation, THE SUBSCRIBER undertakes to respond for the damages and losses that it has caused, and must hold THE AGENCY harmless, assuming the payment of any administrative fine, expenses for legal proceedings and/or payment of damages. related to lawsuits filed by a third party that considers itself harmed by the disclosure of confidential information.
SIXTH: PERSONS AUTHORIZED BY THE CLIENT
Upon signing this contract, THE SUBSCRIBER must provide THE AGENCY with the name of the persons authorized to have access to the request for the information services provided by THE AGENCY. The change of any authorized user must be duly communicated in writing to THE AGENCY.
SEVENTH: NON-TRANSFERABLE RIGHTS
The rights and obligations acquired by THE SUBSCRIBER are non-transferable and cannot be assigned, except with the prior written authorization of THE AGENCY.
EIGHTH: LIABILITY FOR FORTUITOUS EVENT
THE AGENCY will act with the greatest diligence in order to provide the information required by THE SUBSCRIBER, however, THE AGENCY will not be responsible for delays or failures in the delivery of reports when these are due to force majeure or unforeseeable circumstances.
NINTH: EXEMPTION OF LIABILITY IN CASE OF INACCURATE INFORMATION
All the information provided by THE AGENCY to THE SUBSCRIBER is obtained from inquiries from various public or private sources, which it deems reliable and provides exclusively to assist in its evaluation of credit risks and other commercial transactions. THE AGENCY will in no case reveal the sources of your information or the means used to obtain it. Likewise, it is understood and agreed that all information provided by THE AGENCY is in good faith, without this obliging to guarantee its accuracy or veracity, and will not be responsible for any incorrect, incomplete or erroneous report or information provided by any of the sources consulted. .
In this sense, THE SUBSCRIBER exonerates THE AGENCY from any discrepancy, error or failure in the information provided, as well as from the possible damage that the use of said information could cause, thus renouncing the exercise of any action for damages. as a consequence of the delivery by THE AGENCY of information that may have turned out to be inaccurate.
TENTH: GROUNDS FOR RESOLUTION
The following are grounds for suspension and/or termination of the contract:
1. In case of non-compliance by THE SUBSCRIBER in the payment of the invoices for the consideration provided.
2. In the event that THE SUBSCRIBER discloses or allows the disclosure of the information provided by THE AGENCY to unauthorized third parties.
3. Breach of any other obligation of THE SUBSCRIBER.
In order to invoke any of the grounds 1, 2 and 3, the party affected by the ground for resolution must send the other party a communication requiring it to comply with its obligation, granting it a period of 15 calendar days, after which and in If the non-compliance continues, the full resolution of this contract will operate, in accordance with the provisions of article 1429 of the Peruvian Civil Code.
ELEVENTH: VALIDITY
The parties agree that the term of this contract will be six (06) years, counted from the signing of this contract, automatically renewable for the same term in case THE SUBSCRIBER does not expressly state in writing, 30 days before expiration , your intention not to renew this contract.
TWELFTH: APPLICABLE LAW
The parties declare that they are aware that this contract is governed exclusively by Peruvian law.
THIRTEENTH: DISPUTE RESOLUTION
All disputes arising from this contract or related to it, including those relating to its existence, validity or termination, as well as those related to this arbitration agreement, will be resolved through legal arbitration by three arbitrators, under the administration of the AmCham Peru Arbitration Center, to whose regulations and statutes the parties expressly submit. The arbitration venue would be the city of Lima. The award will be final and unappealable.
FIFTEENTH: ADDRESS
Both contracting parties declare that the addresses indicated in the introduction to this contract constitute their legal addresses for these purposes and are the places where all types of private, notarial and/or judicial communications must be legally and validly sent.
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