1. Acceptance, Regulatory Framework & Capacity
By accessing, browsing, and contracting KLAUPPER services, you expressly and boundingly accept these Terms and Conditions, which are governed in their entirety by the laws of the Republic of Colombia, in particular the Code of Commerce, Law 527 of 1999 on electronic commerce, and Law 1480 of 2011 (Consumer Statute) where applicable. Each commercial proposal, quotation, or specific agreement entered into with the client shall integrate and specify the individual scope of the contracted service.
2. Delimited Service Scope & Scope Changes
KLAUPPER shall be solely obliged to execute the activities, functionalities, and deliverables expressly described in the commercial proposal, quotation, contract, or scope document duly accepted by the client. The agreed price comprises solely and exclusively said initial scope.
Any additional request, substantial modification, new feature, unplanned integration, migration, redesign, or change requested subsequent to initial approval will be considered a 'Scope Change' and will require independent timeline estimation and supplementary quotation subject to prior client approval.
3. Client Information, Credentials & Materials
The client shall be exclusively responsible for providing complete, accurate, lawful, and timely information, contents, server/account credentials, images, texts, logos, brand guidelines, and other materials required for service execution.
Delays caused by lack, delay, mid-project modification, or inaccurate delivery of said information shall automatically suspend or proportionally extend execution timelines, without constituting breach attributable to KLAUPPER nor generating penalties or damages against it.
4. Estimated Delivery Timelines
Timelines and project schedules communicated by KLAUPPER are professional estimates subject to timely delivery of client materials, agile stage approvals, availability of third-party platforms, and technical environment conditions. When circumstances beyond KLAUPPER's direct control impact development, delivery deadlines will be proportionally adjusted upon notice.
5. Client Approvals & Milestone Acceptance
We operate under agile delivery across verifiable stages or milestones. Stage approvals, validations, or deliverables formally accepted by the client shall be deemed fully conforming with respect to approved items. Subsequent modifications requested on previously approved phases that do not stem from technical defects attributable to KLAUPPER will be considered additional requests subject to supplementary quotation.
6. Financial Terms, Default Interest & Service Suspension
Services are governed by the payment and milestone schedule established in the commercial proposal. Timely fulfillment of payment obligations is an indispensable condition for the execution and continuity of services and software licenses.
Failure to pay or default on any financial obligation shall entitle KLAUPPER to temporarily suspend service execution, operational support, platform access, or pending deliverables, upon prior communication to the client, until regularized. Execution timelines will resume once payments are cleared.
Delays in payment of monetary obligations shall accrue statutory default interest legally allowed under Colombian regulations, without prejudice to other lawful recovery actions.
7. Final Handover Contingent on 100% Full Payment
The final handover of source files, repositories, superadministrator access, master credentials, production source code, or documentation whose transfer was agreed upon is expressly contingent upon full 100% payment and settlement of all agreed financial obligations, unless otherwise stipulated in writing.
8. Intellectual Property & Pre-existing Core Code
Unless expressly agreed otherwise, the architectures, reusable components, internal libraries, base tools, templates, utilities, and pre-existing technical know-how utilized or developed internally by KLAUPPER shall remain under the exclusive ownership of KLAUPPER or its licensors.
In bespoke developments, economic intellectual property transfer over customized final deliverables shall take effect once 100% of the project fee has been paid, with KLAUPPER reserving moral authorship rights. In SaaS systems or proprietary platforms (CRM, ERP), the client acquires an enterprise, non-exclusive, and non-transferable usage license.
9. Service Nature: Obligation of Means & No Commercial Guarantees
Unless an obligation of specific commercial result is expressly agreed upon in writing, services rendered by KLAUPPER have the legal nature of obligations of means (obligaciones de medio). KLAUPPER commits to employ its technical expertise, engineering standards, industry tooling, and professional diligence to perform agreed activities.
In digital marketing, ad management, SEO, creative design, sales automation, or consulting, KLAUPPER does not guarantee commercial profits, fixed sales figures, a specific volume of clients, fixed search engine positions, conversion rates, or financial yields, as these variables inherently depend on market dynamics, third-party algorithmic shifts, advertising budgets, and end-consumer purchasing decisions.
10. Technical Warranty vs. Support & Maintenance
KLAUPPER clearly distinguishes between three service tiers: a) Technical Development Warranty: complimentary correction of technical defects attributable to delivered code against agreed specifications, during the agreed warranty timeframe; b) Operational Technical Support: user guidance and operational query resolution regarding platform usage; and c) Infrastructure Maintenance & Evolution: library upgrades, server security hardening, backups, and ongoing optimization, delivered under periodic service agreements or hourly packs.
Technical warranty excludes unauthorized tampering by third parties, malware/viruses, external hosting issues, or incompatibilities caused by unilateral changes in web browsers or external third-party APIs.
11. Dependency on Third-Party Technology Platforms
When service delivery relies on external platforms, APIs, payment gateways, cloud hosting providers (AWS, Google Cloud, cPanel), domain registrars, social networks (Meta, WhatsApp), or telecommunications carriers, KLAUPPER does not guarantee the uptime, continuity, or policies of such third parties. Disruptions, policy changes, or downtime originating directly from these third-party providers shall not constitute a breach by KLAUPPER, provided they are not caused by fault attributable to KLAUPPER.
12. Rate Adjustments on Recurring Services (CPI / IPC)
Rates for recurring services (such as cloud hosting, monthly maintenance, or continuous support) may be adjusted annually based on the variation of the Consumer Price Index (CPI / IPC) certified by DANE or conditions set forth in the respective agreement.
Any rate update will be notified in writing to the client with sufficient advance notice prior to taking effect.
13. Commercial Portfolio & Reference Rights
Unless expressly agreed otherwise in writing, the client authorizes KLAUPPER to reference its participation in the project and showcase delivered works as part of its commercial portfolio, agency website, or case studies, utilizing project screenshots or references, provided this does not disclose confidential trade secrets or unauthorized personal data (Colombian Law 1581 of 2012).
14. Confidentiality & Professional Secrecy
Both parties agree to preserve strict confidentiality and professional secrecy regarding technical, commercial, operational, and strategic information exchanged throughout pre-contractual negotiations and project execution, refraining from disclosing or utilizing it for purposes outside the commercial relationship.
15. Act of God & Force Majeure
Neither party shall be liable for delays, suspensions, or non-performance caused by unforeseeable and irresistible events of force majeure or acts of God, including natural disasters, armed conflicts, massive telecommunications failures, or distributed denial-of-service (DDoS) attacks that could not be prevented through standard industry cybersecurity measures.
16. Statutory Withdrawal, Payment Reversal & Dispute Settlement
Statutory withdrawal (retracto) and electronic payment reversals shall proceed exclusively in the events and conditions prescribed by Colombian Law 1480 of 2011 (Articles 47 and 51) and Law 2439 of 2024, governed by the terms specified in our Refund and Withdrawal Policy.
This agreement is governed in its entirety by the laws of the Republic of Colombia. Any disputes shall preferably be resolved through direct dialogue or by submitting to legally recognized conciliation centers in Colombia.