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SERVICE PROVISION CONTRACT
CONTRACT FOR THE PROVISION OF SERVICES FOR ONLINE SUBSCRIBERS This document establishes the CONTRACT FOR THE PROVISION OF SERVICES, which is concluded on the one hand by the company DEL RISCO REPORTS, with RUC Nº20504166318, with address at Tomás Ramsey 930, Magdalena District, Lima, Peru, duly represented by its General Manager, Mr. Julio Enrique del Risco Lizarzaburu, with powers registered in electronic item N°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 to request Reports credit 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 (Director Resolution No. 1600-2015-JUS-DGPDP-DRN) thereby complying with Law No. 29733, Personal Data Protection Law.
SECOND: SERVICES
By means of this contract, THE AGENCY undertakes to THE SUBSCRIBER to provide 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 commercial use legally permissible at the place of the source of credit information to be provided and/or at the place of use of the information, and exclusively within your business activity or operations and for your 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 transmission 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. The Information provided in the ONLINE system is REFERENTIAL only since the file report may have been investigated one, two or three years ago.
FOURTH: RATES
THE SUBSCRIBER will have the rates that are in force at the time of signing this contract. The amount of the fee is net value, so THE SUBSCRIBER is obliged to pay it in full. The rates may vary in the event of an increase in inflation and/or exchange rates that occur in the country in relation to the foreign currencies with which it is agreed to invoice.
FIFTH: CONFIDENTIALITY
THE SUBSCRIBER declares that he knows that the information provided by THE AGENCY is of a strictly confidential nature, so he will not be able to disclose or make said information known to third parties, much less make the subject of the information aware of the results of the confidential report. The obligation of confidentiality will remain for an indefinite period, even in the event of termination of this contract. Likewise, THE SUBSCRIBER undertakes to make its maximum effort so that its personnel with access to the information provided by THE AGENCY is managed by them with the strictest confidentiality and confidentiality, under their own responsibility. In case of breach of its obligation of confidentiality, THE SUBSCRIBER is obliged to respond for the damages and losses caused, and must hold THE AGENCY harmless, assuming the payment of any administrative fine, expenses for judicial proceedings and/or payment of damages. related to lawsuits filed by a third party who considers themselves harmed by the disclosure of confidential information.
SIXTH: PEOPLE AUTHORIZED BY THE CUSTOMER
Upon signing this contract THE SUBSCRIBER must provide THE AGENCY with the name of the people authorized to have access to the request for 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 prior written authorization from THE AGENCY.
EIGHTH: RESPONSIBILITY FOR FORTUOUS EVENTS
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 causes of force majeure or fortuitous event. .
NINTH: EXEMPTION OF LIABILITY IN CASE OF INACCURATE INFORMATION
All the information that THE AGENCY provides to THE SUBSCRIBER is obtained from consultations from various public or private sources, which it considers reliable and provides them exclusively to help you in your credit risk assessment and other commercial transactions. THE AGENCY will under no circumstances reveal the sources of its 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 requiring its accuracy or veracity to be guaranteed, and will not be responsible for any incorrect, incomplete or erroneous report or information provided by any of the sources consulted. . Furthermore, because as we indicated above, these reports are REFERENTIAL. 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 the aforementioned 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 constitute grounds for suspension and/or termination of the contract: 1. In case of failure by THE SUBSCRIBER to pay 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. Failure to comply with any other obligation of THE SUBSCRIBER. In order to invoke any of the causes 1, 2 and 3, the party affected by the cause of resolution must send the other party a communication requiring compliance with its obligation, granting it a period of 15 calendar days, after which and in If 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 period in case THE SUBSCRIBER does not expressly state in writing, 30 days before the 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 laws.
THIRTEENTH: DISPUTE RESOLUTION
All disputes arising from or relating to this contract, including those relating to its existence, validity or termination, as well as those linked to this arbitration agreement, will be resolved by legal arbitration by three arbitrators, under the administration of the AmCham Perú Arbitration Center, to whose regulations and statutes the parties expressly submit. The arbitration seat 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 of this contract constitute, for these purposes, their legal addresses and are the places where all types of private, notarial and/or judicial communications must legally and validly be sent.