Company Policies
Welcome to STS Software LLC (STS) online services website. STS Software LLC has created this statement so that you understand the specific ways in which we demonstrate our respect for your privacy. We appreciate and value that you entrust us with your sensitive personal information, and the primary guide in our privacy policy is our professional and personal commitment to ensuring that you have confidence in our professionalism and dedication to client service.
The core of our commitment is that we do not share any of the personal information that you entrust to us with any third parties for their marketing purposes. We treat your personal information with the utmost respect consistent with this privacy policy.
What Personal Information We Collect
We collect personal information about you for the purpose of offering or furnishing our products and services to you. The types of personal information we collect may include: Contact information, such as name, mailing and e-mail address; Information we receive from you on tax organizers, applications or other forms. This information may include your social security number, assets and income; Bank details and financial history, including your transactions with us and our affiliated companies; Information you may authorize us to obtain from others, such as consumer credit reports and medical information; Information we receive from prospective client meetings; Information from public sources (such as web directories and information); Information provided to (STS) for its own uses; and Information on what data is downloaded from the (STS) website (www.stsapps.com, www.ehstracker.com, www.recordkeeper.app) Information on what is uploaded or collected via our Mobile App website (www.stsapps.com, www.ehstracker.com, www.recordkeeper.app)
Our website does not collect any personal information about you unless you specifically and knowingly provide such information. Visitors to our website may choose to interact with our website in ways that require us to gather personally-identifying information. For example, visitors may choose to submit a Request for Proposal on our website. In each case, our firm collects such information insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with our website. Our firm does not disclose personally-identifying information other than as described below. Visitors are never obligated to supply personally-identifying information, though the failure to disclose information may prevent them from engaging in certain website-related activities.
Disclosure and Transfer of Personal Information
STS Software LLC respects your privacy. We disclose personal information only to those employees and service providers who (i) need to know that information in order to provide requested client services, and (ii) have agreed not to disclose it to others. STS Software LLC does not otherwise share any personal information with third parties who are not service providers unless otherwise required or authorized by applicable law.
If you have supplied your contact information to STS Software LLC, our firm may occasionally send you electronic industry alerts, solicit your feedback, inform you of upcoming firm events or share current general news about our firm. Electronic communications include an easy unsubscribe option, providing you with the option to opt out of receiving correspondence of this nature in the future.
We may disclose information to comply with applicable laws and regulations, such as to respond to a subpoena or similar legal process, to protect against misuse or unauthorized use of our website, to limit our legal liability, and to protect our rights or to protect the rights, property, or safety of visitors of this website or the public, and to otherwise cooperate with law enforcement or regulatory authorities.
We may transfer or share a copy of personal information about you in the event that STS Software LLC goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. You will be notified via email or prominent notice on our website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy.
Nothing in this Privacy Policy is intended to interfere with the ability of STS Software LLC to transfer all or part of its business and/or assets to an independent third party at any time, for any purpose, without any limitation. STS Software LLC specifically reserves the right to transfer or share a copy of personally identifiable information collected to the buyer of that portion of its business relating to that information.
Such transfers may involve the transfer of your information between jurisdictions and outside of the jurisdiction in which you submitted your information, including to jurisdictions that the European Union may not deem to provide “adequate” data protection. Please do not provide us any information that you do not wish to be transferred between these entities.
Data Retention
STS Software LLC may retain your Personal information as long as necessary for the provision of the services, internal analytical purposes, or to comply with its legal obligations, resolve disputes and enforce agreements (e.g. settlement). The criteria used to determine the retention periods include: (i) how long the personal data is needed to provide the services and operate the business; (ii) the type of personal data collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
Security
STS Software LLC takes all appropriate measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of personal information.
Children
In order to respect the privacy of minors, STS Software LLC does not knowingly collect, maintain or process personal Information submitted online via our Internet Services by anyone under the age of 18.
California Privacy Rights
Under California Civil Code Section 1798.83, California customers are entitled to request information relating to whether a business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like to make such a request, please submit your request in writing at the address information at the bottom of this policy.
EU Data Storage, Access, The Right to be Forgotten, and Dispute Resolution
STS Software LLC stores personal data for different periods of time consistent with the purposes for which they were originally collected, as subsequently further authorized, or when required or allowed under applicable law.
Individuals in Europe have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) the right to data portability. If you wish to exercise one of the above mentioned rights, please send us your request via email to the contact information at the end of this policy. Individuals in Europe may also have the right to lodge a complaint about the processing of their personal data with their local data protection authority.
In addition to the rights above, STS Software LLC is committed to providing all individuals with access to their personal data. If you believe that we may be processing data about you and wish to have access to that information, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as if responding to the request would be unreasonably expensive. Please also let us know if you have any questions, concerns, disputes, or issues. We are always open to dialogue to resolve issues. If your concerns cannot be resolved, we can enter into appropriate third-party neutral dispute resolution. If you need to reach us about a privacy or data protection issue, please contact us at the information at the end of this policy.
Cookies
This website uses “cookies,” which may automatically collect certain information and data, including browser type, language preference, referring site, and the date and time of each visitor request. “Cookies” are small pieces of data sent to your computer browser from our web server and stored on your computer’s hard drive. The data identifies you as a unique user and facilitates your ongoing access to and use of this website. Cookies also help us diagnose problems with our server and the website. If you do not want us to use cookies when you use this website, you can adjust your internet browser settings not to accept cookies. Your web browser’s help function should tell you how to do this. However, without these identifier files you may not have access to many features that may make your browsing of our website smoother, and some of our services may not function properly. The firm’s purpose in collecting this information is to understand how visitors use our website and to help us improve the functionality of the website.
International Transfer
If you reside in Europe, personal information collected from you will be transferred to certain recipients located outside Europe, (including the United States where this office is hosted) which do not provide a similar or adequate level of protection to that provided by countries in Europe. In order to perform services related to U.S. tax and audit, personal information of persons to recipients as described in this Privacy Policy which are located outside of Europe. You may withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Privacy Policy Changes
Although most changes are likely to be minor, STS Software LLC may change its Privacy Policy from time to time, and at our firm’s sole discretion. Our firm encourages visitors to check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Contact Us
If you have any questions or comments about our Privacy Policy, or if you are located in Europe and wish to exercise your rights as described above, please feel free to contact STS Software LLC at info@stsapps.com or 138 Winston Churchill Ave, PMB 634, San Juan PR 00926, or +1 787-437-2963.
Last Revised on: 01/04/2024
The use of this service websites and user portals (www.stsapps.com, www.ehstracker.com, www.recordkeeper.app) and the services offered therein attribute to you the condition of USER, which implies the prior acceptance of the Contracted Terms and Conditions described here. The services offered through this Portal are subject to strict compliance with these Terms and Conditions, so if you decide not to comply with them, you must refrain from using the services offered by this Portal. The Administrator of this Portal reserves the right to terminate or suspend, at any time, for any reason and without prior notice or notification, the provision of services to any user that the Portal Administrator determines to be in breach of these rules or that represents a security risk of this Portal or of the public.
This Portal constitutes a Computer System owned by the STS Software LLC or STS Software Colombia SAS (STS), which is provided as a private Software as a Service (SaaS). Therefore, the STS reserves the right to offer this service directly to the citizen or through authorized third parties, agents or contractors.
Any person using this Portal, expressly agrees that their activity is monitored by the Portal Administrator of the SaaS. You, the user, are warned that the Administrator of this Portal could provide evidence upon a subpoena, to the relevant authorities, about possible criminal activity that is identified during the monitoring. If you, the user, do not consent to your activity on this cyber portal being monitored, you must leave this system immediately.
STS reserves the right to substitute or modify the content of these Terms and Conditions, so it is recommended that the user periodically consult them, each time they access this, Portal. STS will request consent with the new Terms & Condition when changes occur. Likewise, the STS reserves the right to expand, limit or restrict the capacity, availability and inter-operability of the content and services offered through this Portal.
A. Applicable Law.
These Terms and Conditions, the content of this Portal and the services offered through it, are governed by the laws of the Commonwealth of Puerto Rico. The user undertakes to use this Portal and the services provided through it in accordance with the Constitution of the Commonwealth of Puerto Rico, applicable federal and state laws, rules or regulations of use that are published, particular conditions applicable to the services offered here and other notices, in accordance with morality and public order.
B. Contractual clauses.
Next, the obligations of the users and of the STS are detailed, as far as use and offer of the services of this portal, respectively.
1. Obligations of the Users.
a. The user guarantees that all the information and data provided to facilitate the processing of the services requested online, is authentic, correct, genuine and truthful.
It is your responsibility as a user to keep your information updated at all times. The user will be the sole and absolute responsible for the damages and losses that may result from any errors, omissions, false or incorrect representation made by him/her when using the Portal. If you provide false, inaccurate or incomplete data or the Portal Administrator has well-founded reasons to suspect such conduct, the user’s account may be canceled by the STS and access and use of the Portal will be denied.
b. The user is responsible for protecting their personal information, such as social security number, date of birth, among other information provided to the Portal to receive the services requested. You agree to close your account at the end of each session using the “Logout, Close or Exit” link and to immediately notify any loss of your password or unauthorized access by third parties to your account number.
c. The User undertakes to refrain from using this Portal in any way or form that may damage, disable or prevent its normal operation, including documents and files stored in the resources of the computer systems accessed by this Portal. Any user who attempts to violate the security or prevent the operation of the computer systems of STS could be subject to administrative and criminal penalties.
d. The User undertakes not to use the Portal to carry out activities contrary to the Law, morality, good customs and public order for purposes or effects that are illegal, prohibited or harmful to the rights and interests of third parties.
and. The User undertakes not to alter the technical devices, code or procedures for the protection of the information provided to the Portal, of the mentions of Copyright or other data that identify the intellectual or industrial property rights of STS its service websites and subsidiaries, used to offer the services to the user in this Portal.
F. The user and his/her related organization or company will respond for any use that is managed under his User Name, if any, as well as from his Internet protocol address (better known as “IP Address”), or any account created with his information for the use of this service.
g. It will be the User’s responsibility to notify the Administrator at the following address:
support@stsapps.com any irregularity, error or inaccuracy of which you notice while using this service.
2. Obligations of the STS:
to. The STS is committed to providing high quality services through this Portals, within the circumstances and particularities of the contracted service or SaaS application, as well as within its capacity to provide such service(s).
b. The STS undertakes to adopt rigorous security measures established by the security standards of the cyber industry, in order to guarantee, to the extent possible and reasonable, the security and confidentiality of communications to try to minimize risks which involves the use of cybernetic means. However, the caveat is made that the security measures of computer services and systems are not invulnerable, the electronic communication channels used on the Internet are not secure and it may be possible that communications in this medium can be intercepted and modified by unauthorized persons Therefore, the STS is not responsible for security failures of external systems and services, in operational areas and beyond its exclusive control.
c. STS undertakes to comply with its stated detailed Privacy Policy, publicly available in all of it’s websites.
C. Quality of Services
STS aspires to offer services through this portal 24 hours a day throughout the year. However, there is a possibility that sometimes it is not possible to maintain the continuity of the service, due to causes beyond its control or maintenance updates or operations that imply the suspension of access or use of this Portal. Therefore, by using this portal, the user understands and accepts that the availability or continuity of the operation of the Portal and the services provided through it are not guaranteed. The effectiveness of the Portal and the services for the performance of any specific activity or transaction is not guaranteed, nor that the users can effectively use the Portal and the services, access the different pages or areas that are part of the Portal or those from the which services are provided Similarly, the STS does not guarantee the absence of viruses and other hidden elements in the content of this Portal, which may cause alterations or damage to the computer system (software and hardware) or to the electronic documents and files stored therein and will not be responsible for any damages they may cause. STS will not be responsible for system failures that have been caused by force majeure. STS will not be liable for loss or damage, including damage or loss of data, earnings not received, the STS related to the use of the Portal or its unavailability.
Some of the content presented through this Portal is supplied by the agencies and public corporations of the STS. Each of these agencies and corporations are responsible for ensuring the updating, reliability, accuracy and veracity of the information you provide us. The user understands that the Administrator of this Portal is not responsible or guarantees the update, reliability, accuracy and veracity of the information presented on the Portal.
Likewise, through this Portal there are technical link devices, directories and search engines that allow access to websites and websites belonging to or managed by third parties, which does not imply any STS between the Portal and the owners of the pages, sites or applications offered by said technical devices. The STS assumes no responsibility for the content and services offered through these pages.
D. Privacy Policy.
The following statements are made by the STS with the use of this Portal and covers the collection of user data. By using this Portal, the user accepts the practices used in the STS to collect data, which is detailed below:
1. Collection of Personal Information of the User – This Portal collects personally identifiable information such as email address, name, postal address of residence or workplace, or the telephone number of users. Also, “hardware” and “software” information may be collected from the personal computer of the Portal users, such as “IP address”, a program used to access the Portal through the Internet, domain names, access times and website addresses that refer to this Portal. This information is used to maintain the quality of the service provided and ensure user satisfaction. The user will be responsible in case of directly disclosing personally identifiable information or private data through the public online communication tools offered by this Portal, since such information could be collected and used by others.
2. Use of Personal Information Provided by the User – This Portal uses the personal information provided by the user, exclusively to operate the Portal, provide the services that the user has requested, authenticate the user’s identity and identify the corresponding data. Personal information provided by the user is not used or disclosed without your express consent. However, by providing your information, the user accepts that it may be disclosed without notice only when required by law or Order of a Court of Justice with jurisdiction, or when it is believed in good faith that such action is necessary to: (a) protect and defend the rights or property of this Portal; or (b) act under exigent circumstances to protect the personal safety of users of this Portal, or the public in general. In addition, the user’s personal data can be used for administrative purposes of this Portal, in order to audit and evaluate the performance of the electronic management offered.
3. Visitor Files (“Cookies”) – This Portal uses visit files to store the preferences of its users to help them personalize their online experience. The visit file is a document that is stored on the hard disk of the users’ computer, created by a web server in the STS one-on-one. This file can only be read by a member server of the domain that issued it. These files cannot be used to run programs or distribute computer viruses on users’ computers, but they save users time because they inform the portal that a certain user has returned to a specific page, simplifying the process of registering personal information. that was offered on a previous visit to that same portal. These files allow the next time the user returns to the same Web site, the information provided above can be retrieved so that the options that have been previously customized are available without retyping them. The user is informed that he has the option of accepting or rejecting the visit file, modifying the configuration of his Internet browser with the STS to the archive of visits on his personal computer.
4. Security and Protection of Personal Information – The Administrator of this cyber portal will take reasonable precautions to maintain the security, confidentiality and integrity of the information collected on and through this Portal. Occasionally, third parties may be hired to provide services with respect to the Portal, computing resources and data repositories. Contractors will be required to comply with the requirements necessary to not compromise the security, confidentiality and integrity of the information and computer systems to which they may have access during the course of the performance of their services. The identification information that the user provides to obtain the service offered by this Portal, is maintained on servers located in a controlled and secure environment, protected from unauthorized access, use or disclosure. However, user information collected and saved will be protected and the Internet will not be used to provide services unless it can be done in a reasonable secure manner.
E. Intellectual Property.
This Portal contains information protected by intellectual property rights and moral copyright. STS, its service websites and subsidiaries have proprietary rights over all the content that appears on this Portal SaaS applications.
The User and related organization must not use their account credential to grant access to third parties. The use of this system for demonstrations, copying or any other unauthorized use by third parties by conduct or facilitated by the User and related organization is strictly prohibited and will be grounds for immediate cancelation of the service and/or contract.
STS, its service websites and user portals (www.stsapps.com, www.ehstracker.com, www.recordkeeper.app) user portals and subsidiaries reserve all rights that exist or may exist on this software code and content excluding the User private data. The publication of information on this portal does not constitute a transfer of rights or a license to use the information without obtaining the prior consent of the STS.
Contact Us
If you have any questions or comments about this policy, please feel free to contact STS Software LLC at info@stsapps.com or 138 Winston Churchill Ave, PMB 634, San Juan PR 00926, or +1 787-437-2963.
Last Revised on: 01/04/2024
Company Policies
We are dedicated to developing software products and technological solutions that allow our clients to digitally transform their operation, continuously improve by adopting best practices in information systems, comply with regulations and achieve safe, sustainable and environmentally friendly workplaces.
We do this by adopting the ISO 9001:2015 standard for quality management and ISO 12207:2017 software development lifecycle methodologies for software systems design and engineering, as well as standardized processes in accordance with industry standards and best practices.
We want to achive satisfied customer at all times. That trusts, sponsors and continuously uses our software products and technological solutions to add value to its own operation, products and services, while maintaining safe, sustainable and environmentally friendly workplaces.
We are committed to producing quality, defect-free, useful, up-to-date, reliable and safe software products for users in accordance with ISO/IEC-9001-2015 and its best practices.
We are the STS team!
Last Revised: 01/04/2024STS Software LLC prohibits unwanted sexual harassment, requests for sexual favors and any other verbal or physical conduct of a sexual nature, whether verbal, non-verbal, physical or by electronic means, be it e-mails, texts or telephone calls, when one or more of the following circumstances occurs:
- Submission to such conduct, whether explicit or implicit, is established as a condition of employment, or
- Submission to or rejection of such conduct by an individual is used as criteria for employment-related decisions, or
- Such conduct has the purpose or effect of unreasonably interfering with the performance of an individual’s work, creating a threatening, hostile or offensive environment.
STS Software LLC has an affirmative responsibility to prevent sexual harassment and will take immediate, appropriate, and corrective action on its commission. The practice of sexual harassment at work, in any of its manifestations, violates the dignity of the human being and constitutes a clear act of discrimination against the man or woman who suffers it. In view of this, we have a legal and moral obligation to take affirmative measures to prevent and eliminate any illegal and discriminatory practice that involves sexual harassment.
STS Software LLC has an affirmative responsibility to prevent sexual harassment and will take immediate, appropriate and corrective action on its commission. The practice of sexual harassment at work, in any of its manifestations, violates the dignity of the human being and constitutes a clear act of discrimination against the man or woman who suffers it. In view of this, we have a legal and moral obligation to take affirmative measures to prevent and eliminate any illegal and discriminatory practice that involves sexual harassment.
Sexual harassment is an illegal and discriminatory practice that will not be tolerated by STS Software LLC employees, regardless of their hierarchy or the position they occupy. Every employee has the duty to keep their workplace free from sexual harassment and intimidation in relation to the following people:
Clients, Co-workers, guests, consultants, contractors and service providers
Anyone who understands that they have been subjected to sexual harassment by any employee should immediately report it to the president or his authorized representative. In it he will describe the facts on which the allegations are based and mention by his name (s) the person (s) who, in his opinion, originate the situation and witnesses, if any, who may have personal knowledge of your allegations.
Any supervisor or member of management who becomes aware of a situation that could be against this policy, or who receives any complaint from any employee, should immediately report it to the president or his assigned staff.
The president or his assigned staff will promptly initiate an investigation. The investigation will be handled as strictly confidential as possible. Anyone with information necessary for the investigation has a duty to cooperate with the investigation. If, after completing the investigation, it is determined that a violation of this Sexual Harassment and other Illegal Harassment policy has occurred, the person who committed the offense may be subject to disciplinary action, which may lead to termination of employment.
Anyone who files a complaint or cooperates with an investigation under this policy is protected from retaliation. If anyone understands that they are being retaliated against for filing a complaint or participating in an investigation under this policy, they have a duty to immediately contact the president or authorized representative.
Contact Us
If you have any questions or comments about this policy, please feel free to contact STS Software LLC at info@stsapps.com or 138 Winston Churchill Ave, PMB 634, San Juan PR 00926, or +1 787-437-2963.
Last Revised on: 01/04/2024
Last Revised on: 01/04/2024
STS Software LLC is an equal opportunity employer and does not discriminate in employment, recruitment, advertisements of employment, compensation in compliance with applicable wage laws, termination, upgrading, promotions and other conditions of employments against any employee or applicant on the bases of race, color, gender, national origin, age, religion, creed, disability, veteran status, sexual orientation, gender identity, or gender expression.
Report
If you believe you have been subjected to discrimination, report your complaint to top management of STS Software LLC who will assist the complainant in completing a written complaint according to the procedures in the Human Resources and Employee Manual to include all facts of the complaint for a complete and thorough investigation.
Investigate
When a complaint of discrimination is received by Top Management it will be investigated by an approved investigator and will include reviewing the written complaint, reviewing any documents, speaking to the complainant, speaking to the accused and speaking to witnesses. The investigation shall be documented according to the procedures in the Human Resources and Employee Manual.
Respond
When the investigation is complete, STS Software LLC will report the results of the investigation to the complainant and assure him or her that no discrimination or retaliation will be caused by the complaint.
If you have any questions or comments about this policy, please feel free to contact STS Software LLC at info@stsapps.com or 138 Winston Churchill Ave, PMB 634, San Juan PR 00926, or +1 787-437-2963.
Last Revised on: 01/04/2024
1.0 PURPOSE
STS Software LLC is committed to the highest standard of integrity in our business practices. This includes compliance with all applicable laws and regulations, along with any other applicable anti-corruption laws, “Anti-Corruption Legislation”. These laws, and various local laws throughout the world, prohibit or restrict the provision of payments or Anything of Value, directly or indirectly, to Government Officials, Customers, or political candidates or political parties in exchange for a business advantage. The purpose of this Policy is to provide standards of conduct for STS Software LLC, its affiliates, and subsidiaries to comply with Anti-Corruption Legislation.
2.0 SCOPE
This Policy applies to all employees and board members of STS Software LLC, and, where necessary and appropriate, Third Party Representatives. For entities in which STS Software LLC does not have a controlling interest, STS Software LLC will use its best efforts to implement this Policy or a substantially similar policy. In certain circumstances, STS Software LLC has adopted measures that are more restrictive than required by law because of its commitment to Company values and its business reputation.
3.0 DEFINITIONS
Anti-Corruption Legislation: Implementing legislation of the Organization for Economic Cooperation & Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“OECD Convention”).
Anything of Value: The term “Anything of Value” should be interpreted broadly and may include, but is not limited to, anything that has a value to the recipient or would constitute an advantage, financial or otherwise, to the recipient, such as: cash or cash equivalent (e.g., cashier’s checks, money orders, bearer bonds, gift cards), travel expenses, entertainment, meals, gifts, favors, education expenses, services, charitable donations, political contributions, and intangible benefits, such as enhanced reputational, social, or business standing.
Charitable Contribution: Includes any donation of funds, facilities, or services of any kind.
Customer: Includes any current or prospective customer, and anyone who is an owner, shareholder, employee, director, officer, or representative of a current or prospective customer.
Facilitating Payments: Payments made to Government Officials to expedite or secure the performance of a routine, non-discretionary administrative action to which the payer is entitled ordinarily, and which is commonly performed by the Government Official.
Government Official(s): Includes anyone who is a(n):
- Officer (elected, appointed, or career) or employee of any department, agency, or instrumentality
of a government (federal, state, or local).
- Person acting in an official capacity for or on behalf of a government or any department, agency, or instrumentality of a government.
- Officer or employee of a government-owned or government-controlled (in whole or in part) enterprise, organization, company, or instrumentality.
- Official or employee of a public international organization (e.g., UN, World Bank, EU, WTO, NATO);
- Individual acting for or on behalf of a government or any of the organizations referred to above, even though he/she may not be an employee of such government or organization.
- Official or employee of a political party and/or candidate for political office; and
- Individual who is considered a government official under applicable local law.
It is important to note that Government Official is broadly defined in this Policy and covers not only elected and appointed Government Officials, but also (among others) employees of government-owned or government-controlled entities, and family members or other persons closely connected to a Government Official.
Money Laundering: Money laundering is the commission of acts designed to conceal or disguise the source, ownership, nature, or control (i.e. true origins) of criminally derived proceeds, so that the proceeds appear to have come from legitimate sources or to constitute legitimate assets.
Hospitality Expenses: Payments for, or related to, travel, accommodation, meals, or entertainment.
Third Party Representative: Any outside party acting on behalf of STS Software LLC, including, but not limited to: agents and intermediaries, consultants, representatives, and contractors and suppliers.
When reference is made to U.S. Dollar amounts that shall also mean foreign currency of an equivalent amount based on the current exchange rate.
4.0 OWNERSHIP/RESPONSIBILITIES
The Office of the Chief Financial Officer has ownership of this Policy.
5.0 POLICY STATEMENT
5.1 Prohibited Payments
STS Software LLC employees, board members, and Third Party Representatives are prohibited from giving, promising, offering, or authorizing Anything of Value, either directly or indirectly, to a Government Official, personnel of a Customer, or any other person, for the purpose of influencing any act or decision of such person to secure an improper advantage or to otherwise obtain or retain business.
STS Software LLC employees, board members, and Third Party Representatives are prohibited from giving, promising, offering, or authorizing Anything of Value to any party with “knowledge” that all or part will be offered or given to a Government Official, personnel of a Customer, or any other person for an improper purpose. As used here, “knowledge” means
- awareness that an improper payment is being made,
- (ii) awareness that an improper payment is likely to occur, or
- (iii) reason to know that an improper payment is likely to occur. Refusal to know, deliberate ignorance, conscious disregard, and willful blindness are treated as “knowledge” for purposes of this Policy.
Similarly STS Software LLC employees, board members, and Third Party Representatives may not solicit, accept, or attempt to accept, directly or indirectly, a bribe, kickback, or other improper benefit in connection with a transaction contemplated or entered into by STS Software LLC . If any Government Official, personnel of a Customer, or any other person solicits Anything of Value from an ITRenew employee, board member, or Third Party Representative, he or she shall refuse such solicitation or request and immediately report the event to the Chief Financial Officer.
STS Software LLC is committed to combating terrorist financing, Money Laundering, and other financial crimes, and therefore any payment that is designed to disguise the true nature of the payment is strictly prohibited. STS Software LLC seeks to identify and prevent Money Laundering and any activity that facilitates Money Laundering or the funding of terrorist or criminal activities by complying with applicable requirements of Anti-Money Laundering Laws.
5.2 Safety Payments/Extortion Demands
It is not an acceptable excuse or defense to a violation of this Policy that a prohibited payment was demanded or extorted by the recipient.
In extraordinarily rare circumstances involving threats to life or safety, it may become necessary for an STS Software LLC employee, board member, or Third Party Representative to make a payment to a Government Official or other person. Providing payments under these circumstances is not considered a violation of this Policy but must be reported, as soon as possible thereafter, to STS Software LLC Chief Financial Officer. The STS Software LLC employee, board member, or Third-Party Representative is also responsible for accurately describing the payment in his/her expense report so that it can be properly accounted for in STS Software LLC books and records.
5.3 Facilitating Payments
Although certain countries’ laws, such as the FCPA and the CFPOA, may permit Facilitating Payments, STS Software LLC’s Policy is more restrictive. Because Facilitating Payments are prohibited by the laws of most countries, ITRenew does not permit Facilitating Payments to be made.
5.4 Hospitality Expenses
Under certain circumstances, payments for Hospitality Expenses for a Government Official, personnel of a Customer, or any other person could be prohibited payments under this Policy and the Anti-Corruption Legislation.
In conjunction with other STS Software LLC policies and ethical business practices, all Hospitality Expenses, regardless of recipient, must be:
- Made in accordance with local law.
- Reasonable, bona fide, and made for a legitimate business purpose.
- Properly and transparently recorded and adequately documented in STS Software LLC ’s books and records.
- Pre-approved by the Chief Financial Officer.
5.5 Gifts and Promotional Items
Giving gifts to Government Officials, personnel of a Customer, or any other person could be considered to be prohibited payments in violation of this Policy and the Anti-Corruption Legislation, even though gift-giving is customary in many business cultures. Therefore, any gifts and promotional items offered or given to Government Officials, personnel of a Customer, or any other person require written pre-approval by the Chief Financial Officer and will be subject to the following guidelines
- Made in accordance with local law.
- Reasonable in size and value and given for a legitimate business purpose or on an appropriate occasion.
- Properly and transparently recorded and adequately documented in STS Software LLC ’s books and records.
5.6 Political Contributions
STS Software LLC generally does not make contributions or payments or otherwise give an endorsement of support that could be considered a contribution directly or indirectly to political candidates or parties. While STS Software LLC employees remain free, in their individual capacities, to make contributions directly to candidates and political party committees of their choice, any such individual contributions should not be attributed to STS Software LLC and may not be made for a purpose that is in any way inconsistent with this Policy. Prior written approval by Chief Financial Officer of a political contribution to be made with STS Software LLC funds or otherwise on behalf of STS Software LLC is required.
5.7 Charitable Contributions
STS Software LLC must ensure that Charitable Contributions are given only to bona fide charities and are used only for proper charitable purposes and not otherwise misapplied in violation of this Policy or the Anti-Corruption Legislation. Prior written approval by Chief Financial Officer of a Charitable Contribution to be made with STS Software LLC funds or otherwise on behalf of STS Software LLC is required.
5.8 Personal Contributions and Payments
Nothing in this Policy shall preclude or affect personal contributions by STS Software LLC employees or board members from their personal funds and for personal reasons, provided that no STS Software LLC employee or board member shall use his or her personal funds to make any payments or contributions on behalf of, or for the benefit of, STS Software LLC, in violation of this Policy.
5.9 Recordkeeping and Internal Accounting Controls
STS Software LLC employees must ensure that STS Software LLC’s books and records (which include virtually all forms of business documentation) accurately and fairly reflect, in reasonable detail, all transactions and dispositions of assets. Accounts and other records of transactions must be complete and accurate.
No STS Software LLC employee shall participate in falsifying any accounting or other business records. All books and records must reflect the true facts and nature of the transactions reported.
No undisclosed or unrecorded fund or asset may be established or maintained for any purpose.
STS Software LLC employees must be proactive in managing and responding to accounting issues by ensuring complete and accurate records and informing appropriate supervisors or departments of questions, concerns, or suspicious accounting practices. STS Software LLC employees must also respond fully and truthfully to any questions from STS Software LLC ’s auditors. Adequate internal controls must be maintained to provide reasonable assurance that management is aware of, and is directing, all transactions ethically and in compliance with STS Software LLC policies.
5.10 Third Party Representatives
As set forth in Section 1, this Policy prohibits giving money or anything else of value to a Third Party Representative with knowledge that all or a portion of Anything of Value will be offered, given, or promised, directly or indirectly, to any Government Official, personnel of a Customer, or any other person for an improper purpose.
STS Software LLC employees must conduct reasonable anti-corruption due diligence before engaging a Third Party Representative that may interact with Government Officials on STS Software LLC ’s behalf or engage in the sale or distribution of STS Software LLC’s products or services outside the United States. The type of due diligence should be commensurate with the potential risk based on the nature of the services to be performed by the Third Party Representative, any historical experience with the Third Party Representative, country where services are to be performed, and any specific concerns identified.
Contracts with Third Party Representatives that may interact with Government Officials on STS Software LLC’s behalf or engage in the sale or distribution of STS Software LLC ’s products or services outside the United States must be in writing and must specify in reasonable detail the services to be provided. The length and scope of the engagement must be consistent with a bona fide business need. Such contracts must contain appropriate anti-corruption representations and must be pre-approved by the Chief Financial Officer.
5.10 Joint Ventures and Mergers and Acquisitions
STS Software LLC shall ensure that any joint venture will make and keep accurate books and records and devise and implement a system of internal accounting controls.
Before entering into any joint venture, merger, or acquisition agreement, STS Software LLC shall conduct a risk-based anti-corruption due diligence inquiry and take other pre- and post- merger/acquisition steps. shall STS Software LLC ensure that joint venture, merger, or acquisition counterparties have abided by, and agree to abide by, the Anti-Corruption Legislation, irrespective of whether those counterparties are subject to it.
5.12 Training
STS Software LLC will provide training concerning this Policy and the Anti-Corruption Legislation to STS Software LLC employees and board members and, where necessary and appropriate, Third Party Representatives, on a regular basis. Certain personnel may receive additional, specialized training because of the nature of their role and responsibilities on behalf of STS Software LLC.
6.0 ENFORCEMENT
6.1 Reporting Procedure
It is the responsibility of all employees and board members to report any violations or suspected violations of this Policy or the Anti-Corruption Legislation.
Reports of violations or suspected violations should be reported to the president of the company. Any manager or other individual who receives a report of a violation or a possible violation should promptly report it to the President. STS Software LLC employees may also report issues or communicate concerns anonymously through the STS Software LLC Ethics Line. The email address is: jrivera@STS Software LLCpr.com
It is STS Software LLC policy to ensure that no retaliation occurs because of any STS Software LLC employee raising a business conduct or ethical issue or reporting a perceived violation of STS Software LLC policy or the law.
6.2 Consequences for Violating this Policy
Violations of applicable Anti-Corruption Legislation can result in severe civil and criminal penalties. Failure to comply with this Policy or related policies and procedures, or failure to report violations or suspected violations may be a violation of law and will be grounds for disciplinary action, up to and including termination. In addition, specially designated employees and board members may be asked to certify annually that they have read this Policy and follow its provisions.
If you have any questions or comments about this policy, please feel free to contact STS Software LLC at info@stsapps.com or 138 Winston Churchill Ave, PMB 634, San Juan PR 00926, or +1 787-437-2963.
Last Revised on: 01/04/2024
Standard Service Level Agreement (SLA)
Terms & Conditions
1.0 Service Level Agreement
This Service Level Agreement will apply to all hosted services provided by STS Software LLC (SERVICE PROVIDER) applications in the cloud under a Software as a Service model. SERVICE PROVIDER undertakes to provide a network of high availability and security to support the users of the service. This Service Level Agreement includes certain rights and resources in case the user experiences an interruption of the service as a result of the insufficiency of SERVICE PROVIDER’s infrastructure or breakdowns. Next, the terms and conditions covered under this agreement.
2.0 Glossary of Terms
2.1 Availability: When the USER has the account active and enabled, he has reasonable access to the contracted service, not counting the exclusions in downtime defined below.
2.2 Maintenance Time: The period during which the service may not be available for SERVICE PROVIDER to perform routine maintenance.
2.3 Time Out of Service: The total number of minutes / hours that the user cannot access the service. This calculation excludes the time that the user cannot access the hosted services for any of the following reasons:
a. Maintenance time
b. Force Majeure Situation or Act of God
c. Any Internet network service failures.
d. Any failure in the user’s own hardware, software or network connection or user bandwidth restrictions
F. The acts or omissions of the user
g. Anything beyond the direct control of SERVICE PROVIDER
2.4 Cloud Of SERVICE PROVIDER: The computing platform and network of SERVICE PROVIDER from where the service is provided.
2.5 Response Time to Problem: The period after SERVICE PROVIDER’s confirmation of service problems, from the receipt of the necessary information by the user so that the support of SERVICE PROVIDER’s technical team begins to work on solving the problem and opens a ticket of service. Due to the great diversity of problems that can arise, and the methods necessary to solve them, the response time of a problem is not defined as the time between receiving a call and resolving the problem.
2.6 Positions (Seats) Affected: Cloud services are offered in positions or seats occupied by users, either permanently or shared. The number of Seats are defined in the hiring form. A user will not occupy more than one position at a time.
2.7 Preventive Maintenance: SERVICE PROVIDER will communicate the date and time in which SERVICE PROVIDER will plan to provide maintenance. Said notification will be sent between 24 to 48 hours before the preventive maintenance date. These change controls are when we detect an element in the environment, and we have to take measures to avoid emergency change controls in the future. These checks vary, if possible, typically occurring during low peak hours, peak hours defined by our network metrics.
2.8 Emergency Maintenance: In case of emergencies SERVICE PROVIDER may not be able to provide prior notice to customer. The customer understands that prior notice under an emergency scenario will be provided, if possible, on a best effort basis.
2.9 Planned Maintenance: These are change controls and are done for the continuous support of products and operational projects, to guarantee optimal performance, the implementation of service packs or patches that are not critical and periodic redundancy tests. Whenever possible, planned maintenance will be posted 7 days in advance.
3.0 User Responsibility
The user must have and is responsible for having:
a. Internet connection with adequate bandwidth
b. Validated Internet Browser (Chrome, Explorer, Mozilla, Edge, Safari)
c. Antivirus on any device you use to access the service.
4.0 Minimum Service Levels
4.1 Availability: The service contracted in the Cloud will have an availability of 99.00% of the time without including maintenance periods. SERVICE PROVIDER uses its own system to measure whether the hosted services are available, and the USER agrees that this system will be the sole basis for the resolution of any controversy that may arise between the user and SERVICE PROVIDER regarding the availability of the Service. Availability is calculated based on the following formula:
• A = (T – M – D) / (T – M) x 100
• A = Availability
• T = Total number of monthly minutes
• M = Maintenance time
• D = The inactivity time
Credit for Availability of Seats
> 97.9% per < 99.0% —————————— 5%
> 96.9% pero< 97.9% —————————– 7%
< 96.9% ———————————————— 9%
4.2 Problem Response Time: The technical service delivery schedule will be from 8:00 AM to 8:00 PM from Monday to Saturday. Response time per incident will vary depending on the level and category and are defined below:
Response Time Criterion
1. Unplanned interruption of the
service not available; none
alternative solution. 30 minutes
2. Unplanned interruption of the
service not available; solution.
temporary available. 60 minutes
3. Services are available
for a single user or a small
percentage of affected users. 2 hours
4. Services are available but
an intermittent problem persists. 8 hours / Next Business Day
schedule
4.3. Claim Procedure: The procedure for claiming credits due to lack of non-availability will be as follows:
a. Open a service ticket documenting the event within 24 hours of the service interruption.
b. Include a screenshot or detailed description of the problem or service affected.
c. Name and email of user or contact person.
d. Include account number, date and time when the fault occurs and the user who reports it for the first time.
e. A usage report audit reflects non-conformance with the guaranteed SLA in section 4.1.
SERVICE PROVIDER will confirm receipt of the claim within five (5) business days following receipt of the claim. If the claim proceeds according to the terms and conditions defined in this agreement, the credit will be reflected in the invoice for the following month.
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Last Revised on: 01/04/202
FIRST : The parties agree that this service contract will be in force as of its signature for a term period of 36 months.
SECOND: Object. SERVICE PROVIDER undertakes to grant the LICENSEE the non-exclusive license of the software as a service platform called “RECORD KEEPER CLOUD BASED SOFTWARE AS A SERVICE”.
THIRD: Definitions.
a. “Cloud Services” means a combination of elements such as hardware, Services, Software and networks, made available by SERVICE PROVIDER to SUBSCRIBER and identified as the “Solution” in the quotation(s) annexed herein. The Cloud Services included here in shall be provided under a single-tenant environment for the exclusive use of SUBSCRIBER.
b.”End User” means each individual or entity that the SUBSCRIBER has authorized to access and use the Cloud Services to which SUBSCRIBER has purchased a subscription through the SERVICE PROVIDER under this Agreement. For the avoidance of doubt, End Users are not required to be employees of SUBSCRIBER. Sharing of End User access credentials to unauthorized third parties not sub-contracted by SUBSCRIBER is prohibited without prior notice to SERVICE PROVIDER. An End User may access the Cloud Services by utilizing one of the Positions subscribed to by SUBSCRIBER
c. “Intellectual Property” means all patents, patent applications, copyrights, moral rights, publicity rights, protected works, methods, algorithms, trade secrets, know how, contract rights, license rights or any other right of intellectual property recognized by any existing jurisdiction either now or emerging in the future. Intellectual Property also includes corporate names, trade names, registered trademarks, service marks, or any other proprietary designation.
d. “Services” means any and all services performed by SERVICE PROVIDER as mentioned in one or more solution descriptions, including access to and use of the Cloud Service.
e. “Software” means the software code which embodies the Cloud Services, as well as the corresponding documentation, including any patches, bug fixes, upgrades, and enhancements. The Software includes software installed locally on SUBSCRIBER’s systems and software that is accessed via the Internet or by other remote means, including websites, portals and Cloud-based solutions to use the Cloud Services in accordance with this Agreement. For the avoidance of doubt, the term “Cloud Services” shall be understood to include all Software therefore, unless otherwise noted or required by the context.
f. “Third Party Products” means any type of service or software other than the Cloud Services, made available or otherwise used by SERVICE PROVIDER in connection with the Cloud Services.
FOURTH: Renewal Term. This Agreement will be automatically renewed for additional three (3) year periods (each a “Renewal Term”; the Initial Term and the Renewal Term together the “Term”) and will retain the same characteristics regarding the contractual object. Notwithstanding the foregoing, SERVICE PROVIDER may adjust the value of the recurring costs for the Renewal Term, provided SERVICE PROVIDER notifies SUBSCRIBER in writing of the recurring costs for the Renewal Term at least sixty (60) days prior to the start of the Renewal Term. For the avoidance of doubt, there shall be no non-recurring cost for a Renewal Term. If SUBSCRIBER does not wish to renew this Agreement, SUBSCRIBER must notify SERVICE PROVIDER in writing of same at least thirty days (30) prior to the end of the then current Term.
FIFTH: Delivery Term. THE SERVICE PROVIDER undertakes to deliver, TO THE SUBSCRIBER 30 business days following the Effective Date of this Agreement, the necessary tools and documentation so that the latter can make suitable use of the Software. Once the necessary tools and documentation have been received in order to make suitable use of the Software, the SUBSCRIBER shall have the opportunity to test the Software for any defects or failures. Upon completion of the test period, the parties will sign a delivery document, in which the SUBSCRIBER shall report any defects or failures of the Software discovered during the test period. If no such defects or failures are reported, the Software shall be deemed accepted by SUBSCRIBER. Nothing herein shall affect the warranties offered by SERVICE PROVIDER or SUBSCRIBER’s ability to submit a warranty claim after acceptance.
SIXTH: Termination. Either party may terminate this Agreement for cause upon giving written notice to the other party if the other party: (i) commits a material breach, and the breach is not remedied within ninety (90) days of receipt of the written notice describing the nature of the breach; (ii) becomes insolvent or becomes the subject of any proceeding under any bankruptcy, insolvency, or liquidation law, which is not resolved favorably, in the terminating party’s reasonable judgment, within sixty (60) calendar days; or (iii) becomes subject to property attachment, court injunction, or court order which has a material adverse effect on its operations. Upon termination or expiration of the Agreement, SUBSCRIBER shall cease use of the Cloud Services, as well as the use of any material owned by THE SERVICE PROVIDER that it has been granted by virtue of this Agreement. SUBSCRIBER shall only be obligated to pay for the remaining recurring costs prior to termination of the Agreement. If the Agreement terminates mid-month, SUBSCRIBER shall only be obligated to pay the pro-rata costs for the month. The rights and obligations of the parties under this Agreement that by their nature would continue beyond the expiration or termination of this Agreement shall survive any termination or expiration of this Agreement. (NOT ACCEPTABLE). Rights and obligations shall end on the effective date of the termination.
SEVENTH. Assignment. This Agreement may not be assigned by either Party, in whole or in part, except with prior written authorization from the other Party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
OCTAVE: Suspension, elimination and modification. Suspension, elimination and modification. SERVICE PROVIDER may temporarily suspend partially or totally the Cloud Services, including access or use of the data stored in the cloud (i) upon receipt of a subpoena or court order requiring same or (ii) upon reasonable belief that use of the Cloud Services poses an imminent security risk. SERVICE PROVIDER will use its best commercially reasonable efforts to give SUBSCRIBER at least twelve (12) hours written notice of a suspension unless SERVICE PROVIDER reasonably determines a shorter notice of suspension in its reasonable business judgment tis necessary to protect SERVICE PROVIDER or its customers. Furthermore, SERVICE PROVIDER shall advise SUBSCRIBER, where feasible, the anticipated length of the suspension. The actual time frame during which there is a suspension shall be referred to as the “Suspension Period.” The recurring fees shall be pro-rated during any Suspension Period so that SUBSCRIBER shall not pay for the Cloud Services during the Suspension Period since SUBSCRIBER is unable to use the Cloud Services. If a Suspension Period lasts longer than thirty (30) days, SUBSCRIBER may terminate this Agreement with no liability to SERVICE PROVIDER.
NINTH: Access and use. To the extent that the Software is offered as part of the Solution, such Software is contingent upon the following:
Restrictions: Unless expressly permitted in the terms and conditions of the service, without our prior written consent, you may not:
- Allow any third party to use or copy the Software, unless such third person is an authorized user of termination.
- Modify, translate, modify, adapt, publish, transmit, delete, reverse engineer, decompile, disassemble, reproduce, distribute, display, create derivative works, compilations or collective works based on or exploit any part of the Software.
- Combine the Software with other software.
- Other than in connection with supplying a Solution to the customer to an end user, selling, sublicense, renting, leasing, granting a security right or otherwise transferring rights in the Software.
- 0ther than in connection with the provision of a Solution to the customer to an end user, use the software to operate in or as a timeshare environment, outsourcing or service bureau or in any way allow third party access to the Solution.
TENTH: All Rights Reserved.
TWELFTH: Privacy. For information about our privacy policies and practices, please go to the following website: https://www.stsapps.com/sts-policies/ These policies explain how we treat your personal information and protect your privacy. If the clause of the Solution specifies the region in which the data will be stored, we will not move the data from the specified region without notifying you of anything other than as required by law or pursuant to legal requests from government entities.
THIRTEENTH: Acceptable Use Policy. For information about our privacy policies and practices, please go to the following website https://www.stsapps.com/sts-policies/ You should use reasonable security precautions in relation to the use of the Solution and comply with the acceptable use policy and applicable laws and regulations with the use of the Solution. You must cooperate with our reasonable investigation of service interruptions, security concerns, and any suspected breaches of this Agreement. We may revise the acceptable use policy to add or modify any restrictions on the use of the Solutions, so long as the changes are commercially reasonable, consistent with industry standards, and applied to all customers.
FOURTEENTH. Obligations of the Licensee.
- FIRST PARAGRAPH. 1) Cancel the total value of the price on the date and under the agreed conditions. 2) Use the software in accordance with the conditions of use previously established; 3) Provide annually, at the request of SERVICE PROVIDER, a certification that the program is being used in accordance with the provisions contained in this contract, listing the location, type and number of users making use of it; 4) Allow SERVICE PROVIDER to carry out or order at any time inspections of the facilities or computing machines it possesses in order to verify compliance with the provisions of this contract; 5) Take usual preventive measures in computing activity, in order to avoid failures that cause any type of damage or injury, either to SERVICE PROVIDER or to third parties; 6) Exonerate, in any case, SERVICE PROVIDER from all responsibility derived from the damages or losses that the LICENSEE may suffer as a direct or indirect consequence of the improper use made of the software; 1 Relates to the following. 7) Maintain confidentiality in the use of the information that is revealed to him, during the term of the contract, with said obligation subsisting once the contract has ended
- SECOND PARAGRAPH. Obligations SERVICE PROVIDER: 1) Deliver an executable copy of the software on magnetic media on the date and under the conditions described in this contract. 2) Deliver in magnetic medium the aids for the operation of the software and interpretation of results. 3) Deliver documentation and tools necessary for the operation of the program. This documentation should explain the handling of the application.
FIFTEENTH: Limited Warranty. The solution, together with all external or third-party products and open-source software provided by SERVICE PROVIDER, is provided “as is”. SERVICE PROVIDER (including its affiliates, contractors, agents, and each of their respective employees, directors, and officers), hereby state on our behalf and on behalf of licensing providers and suppliers, does not make any express or implied warranty regarding the solution or any software or services included therein, including but not limited to any warranty (1) of merchantability, fitness for a particular purpose, convenience or non-infringement; (2) in relation to the performance of the software (including whether the software is or will be safe, accurate, complete, error-free, or free of viruses, worms, or other harmful components or limitations of the program, or that any errors in the software will be corrected) or our performance of the services (including whether the services are or will be uninterrupted, timely or error-free) or the security of the solution; (3) in relation to the results obtained, the solution (including the accuracy, quality, reliability, suitability, integrity, veracity, usefulness or effectiveness of any report, data, result or any other information obtained or generated by you in connection with your use of the software) or the results of any recommendations by us; or (4) any warranty on an external or third-party product, resulting from any course of negotiation or commercial use, will be provided by the original publisher, vendor, or manufacturer, or otherwise such third-party product is designated by us as ” certified “,” approved “or other. In the event that we provide the solution in connection with a lawsuit, the solution is provided “as is” and “as available” with no warranties. With respect to your use or the end user of the software, you bear the full cost of all service, repair or correction of problems caused by viruses or other harmful components, unless such problems or viruses are the direct result of our negligence. serious or intent
You agree that the operation and availability of the systems used to access and interact with the solutions, including telephone, computer networks and the internet, or to transmit information may be unpredictable and may, from time to time, interfere with or prevent access, use or operation of the solutions. We will not be responsible for any interference or impediment of access that you or the end user may have in the use of the solutions, or the impact that such interference or prevention may have on our ability to perform the solutions.
SIXTEENTH: Declarations. In addition to the declarations and guarantees contained in any other provision of this contract, each of the parties declares and guarantees to the other that: (a) It has full power and authority to sign, be a party to, and execute this contract; (b) This contract, once signed, will constitute a valid obligation of said party and enforceable in accordance with its terms and applicable legislation; and (c) The parties declare that this contract does not violate their Statutes, nor any contract to which they are part, nor the laws or regulations that are applicable to them.
SEVENTEENTH: Limitation of liability. Except for an unauthorized disclosure of confidential information in breach of its confidentiality obligations or infringement / misappropriation of intellectual property, neither party will be liable for any incidental, indirect, special or consequential damages, or for any loss of revenue. , the income, benefits, savings or business opportunity; (b) loss or corruption of data or software, loss of use of a system or network, or the recovery of such; (c) business interruption or downtime; (d) loss of goodwill or reputation; (e) services, software, products to be delivered or external or third-party products not available for use; or (f) the acquisition of replacement solutions; derived from or in connection with the solutions provided.
Our total responsibility for any claim that arises from or in relation to this contract (included or with respect to any solution present in the document supplied) in any 12-month period will not exceed the total amount received by SERVICE PROVIDER during the previous twelve (12) months of this contract for the specific solution that gave rise to said claim (s).
These limitations, conditions and exclusions will apply to all claims for damages, whether by contract, warranty, strict liability, negligence, tort or otherwise. The parties agree that these limitations of liability are agreed assignments of risk that constitute, in part, consideration of our sale and the performance of the customer’s solution and the limitations will apply notwithstanding the failure to fulfill the primary purpose of any limited remedy and even if has one of the parties been warned of the possibility of such obligations.
EIGHTEENTH: Confidentiality. Confidential information may not be disclosed except to affiliates, employees, agents and subcontractors with a “need to know”, and who have agreed in writing to treat Confidential Information under terms at least as restrictive as those of this Agreement. Each party agrees to take the necessary precautions to maintain the confidentiality of the other party’s Confidential Information by using at least the same degree of care as such party employs with respect to its own Confidential Information of the same nature, but in no way, case will be less than a commercially reasonable standard of care to maintain confidentiality. If a recipient is required by a court or government institution to disclose Confidential Information, the recipient will provide reasonable advance notice to the other party prior to making the disclosure.
NINETEENTH: Review of Online Conditions. Any revisions to this Agreement (“Revisions”) are not effective until the underlying clause of the Solution or Purchase Order is renewed or extended after the date we post the revisions on our website.
TWENTIENTH: Entire Agreement and Severability. This Agreement is the entire agreement between you and SERVICE PROVIDER regarding its content, and supersedes all previous oral and written understandings, communications or agreements between you and SERVICE PROVIDER for the Solution. Unless otherwise stated in this contract, no amendment or modification of this Contract, in whole or in part, will be considered valid or binding unless in writing and executed by the authorized representatives of both parties. If any provision of this Agreement is to be found to be void or unenforceable, the provision will be struck or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force and will not be terminated.
TWENTIFIRST: Current and applicable law. This Agreement and any claim, dispute or controversy (whether in contract, tort, or any other form, including the law, consumer protection, common law, willful tort and equity) between you and SERVICE PROVIDER (including associates , contractors and agents, and each of their respective employees, directors and officers) that arises from or is related to this Agreement, its interpretation or the breach, termination or validity of the same, the relationships that derive from this Agreement (including, in the extent permitted by applicable law, relations with third countries – parties that are not signatories of this Agreement), advertising of SERVICE PROVIDER, or any related service (or “Dispute”) legal conflicts The celebration, interpretation, execution and termination of this contract the Republic of Colombia will be governed and advanced by the laws,
- PARAGRAPH: Jurisdiction, Competence. and arbitration clause The parties agree that in the event that any difference arises between them, on the occasion of this contract, it will be resolved by an ARBITRATOR designated by the Arbitration and Conciliation Center of the Medellín Chamber of Commerce, ARBITRAMENT whose domicile is the city of Medellín, and that will be governed in accordance with article 118 of Law 1563 of 2012 and Law 23 of 1991, and the other legal regulations in force on the matter. The arbitrator will decide in law and the ruling is mandatory for the parties and will pass to res judicata.
Get in touch
- PO BOX 541 COAMO, Puerto Rico 00769
- salesteam@stsapps.com
- + 1-939-940-0492
- WeWork, Calle 7D #43A-40, Medellin, Antioquia, Colombia
- ventas@stsapps.com
- + 57-301-419-3928
- Support Hours: 8:00AM to 5:00PM
- Monday - Friday
- support@stsapps.com
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