Terms and conditions

Date of last update: August 1, 2021

Acceptance of the Terms and Conditions

By making your payment, or if an Offer Letter has been sent to you and you have signed, you accept these terms and conditions in full.

Terms for Services

Legal, Ethics and Compliance Consulting: As stipulated in the Offer Letter and / or Service Provision Contract.

Training and qualification: As stipulated in the Offer Letter and / or Service Provision Contract.

Coaching for Compliance Officers: Once you purchase a session, you will have 40 days to schedule it, otherwise it will expire and you must purchase a new session. If you reserve, you have the right to cancel the session up to 48 hours prior to the session. In case the cancellation is made before this period, the session will not be refundable. If you acquire a coaching session, and wish to cancel, you can do so within the next 5 days after its acquisition, as long as they have not been used and they are not within 48 hours prior to the session already scheduled. .

Employability: Once you acquire your employability package, you will have 60 days to schedule your photo session (only in Mexico City) or, send the photos with the requested characteristics, schedule your needs exploration session, interview and provide your keys to your LinkedIn profile. If you purchase your employability package and wish to cancel, you can do so as long as your package has not been used or any of the sessions scheduled. If the employability service has already started, it will not be refundable.

Independent Director in Legal, Ethics and Compliance matters : As stipulated in the Offer Letter and / or Service Provision Agreement.

Daniel Medina® for his part, may cancel the provision of the services described here with a notice of one calendar month and facilitating the continuity of the project, if deemed necessary by the Client, with other specialists in the matter, and will be obliged to provide all services that to date have been duly paid.

Payments

All invoices must be paid within 5 business days of issuance. Services may not be performed until payment has been received. Your vouchers should be sent to hola@dmedina.mx or via WhatsApp +52 (55) 8032-2009.

If the payment of expenses or fees is not made within ten (10) days from the date of the invoice, we reserve the right to withdraw Daniel Medina® as a service provider.

The payment of the invoices must be made in accordance with the stipulated terms, and any outstanding balance will accrue default interest at the maximum rate allowed by Mexican law, counted from the due date of the invoice, in accordance with the Code of Federal Trade and the Civil Code of Mexico City.

We reserve the right to terminate the services at any time, if the invoices are not paid in a timely manner, if it becomes necessary to incur expenses in order to collect the fees and expenses owed to us, the Client undertakes to reimburse such expenses, including justified attorney’s fees.

Extensions of scope of work

In the event that the Client requests an extension of the object of the case or a scope other than the one agreed upon is approved, or additional hours are required in order to bring the results of this consultancy to trial, we will send an additional contract letter, in which will refer to the new scope, specifying the new assignment and the fees and conditions of this. The additional contract letter will be signed by both parties.

Confidentiality

The parties state that the negotiations carried out (or the project to be developed jointly) between the owner of the information described below, hereinafter the Discloser, and the recipient of the same, hereinafter the Recipient, have involved or will involve disclosure. written or verbal and communication to the Recipient by the Discloser or by members of his work team, of his own documents or those controlled by any of those mentioned above, which may include, but is not limited to financial information, business plans, information personnel, drawings, examples and prototypes of artifacts, demonstrations, trade secrets, technical information, computer systems and software, research results, customer lists and other information in oral or written form related to technology, whether such communication is produced verbally, visually, or through demonstrations or any other means, whether in the form of drawings, models, documents printed matter, and / or electronic file format or in any other way, hereinafter the “Confidential Information”.

Confidential Information, and all rights thereto that have been or will be disclosed to the Recipient, will remain the property of the Discloser. The Recipient will not obtain any right, of any kind, over the information, nor any right to use it, except for the purpose of this agreement. Disclosure of Confidential Information does not imply licensing of patent or copyright law or any other rights by the Discloser, other than those set forth herein.

In addition to the obligations that emanate from the nature of the agreement contained in this letter of contract, the recipient of the Confidential Information will be obliged to: Keep the Confidential Information strictly confidential and not reveal any data of the Confidential Information to any other party , related or not, without the prior written consent of the discloser.

Instruct the personnel who will be in charge of receiving Confidential Information, having to sign the corresponding confidentiality agreement if necessary, of their obligation to receive, treat and use the Confidential Information they receive as confidential and intended solely for the purpose of the agreement, in the same terms in which it is established in the present contract letter. Disclose Confidential Information only to persons authorized to receive it within the organization.

Treat confidentially all information received directly or indirectly from the discloser, and not use any of that information in any way other than the purpose of this agreement. Not handle, use, exploit, or disclose Confidential Information to any person or entity for any reason in contravention of the provisions of this contract letter, unless expressly authorized in writing to do so by the discloser.

The disclosure or use of Confidential Information by the Recipient in violation of this agreement will be considered grounds for compensation for damages.

Confidential Information may not be reproduced by any means or in any format by the Recipient without the express prior written authorization of the Discloser, except for those copies that the Recipient may need to make this contract letter operational.

In the event that the Recipient is authorized by the Discloser to reproduce the Confidential Information in whole or in part, all reproductions, whether total or partial and whatever the format in which they are recorded, must expressly mention the intellectual property of the Discloser on the Information. Confidential contained in them, with confidentiality announcements and maintaining the legends contained in the original Confidential Information, unless the Discloser provides otherwise in writing.

All information exchange must be made to the email address daniel@dmedina.mx or other authorized domains of dmedina.mx, which will be safeguarded in accordance with the latest practices in information security and following the latest technology protocols , offered by Google Inc. Daniel Medina® will not be responsible for damages or losses of information sent or shared to means or email addresses other than the one authorized here.

At any time, upon written request of the Discloser, the Recipient will return to the latter all or part of the Confidential Information as required by the Discloser, as well as the copies that are in his possession regardless of their format. At the request of the Discloser, the Recipient shall destroy the Confidential Information and provide proof of its destruction to the Discloser.

Dispute settlement

Any controversy or difference between the parties related to any matter or interpretation of this contract letter, which cannot be directly resolved amicably by the parties, will be submitted to an arbitration tribunal with the following rules. 1) the court will be made up of 3 arbitrators appointed by common agreement by the parties 2) the internal organization, rates and fees of the court will be subject to the regulations set for the purpose by the local arbitration and conciliation center, or the to do its part. In the event that the application of substantive laws is necessary, the federal laws of Mexico will be applicable.

Conflicts

With the acceptance of these Terms and Conditions, you accept that the fact that you contract us for this matter does not prevent us from presenting future services to clients adverse to you on matters that are not substantially related to the object of what is contemplated herein.

Scope limitations

The services are based on the following hypotheses or assumptions:

  1. For the development of our work, we will rely solely on the information provided to us by the client, which we presume will be complete, truthful and timely.
  2. In accordance with the foregoing, Daniel Medina® will not assume responsibility for information that does not comply with the characteristics noted. In the same way, it is not obliged to certify the authenticity of the information received and will not be responsible for obtaining any type of information from third parties, even in cases in which the information is public knowledge or comes from governmental or judicial authorities.
  3. The form and content of the reports will be confidential. Its content should not be used for any purpose other than the objective of the work, nor may it be disclosed to third parties other than those indicated without our prior written consent. Daniel Medina® will not accept any professional responsibility in front of people other than those mentioned who, where appropriate, may have had access to the report contemplated in this professional services proposal.
  4. In the same way, we are committed to maintaining the confidentiality of the information received during the proposed work, in accordance with our established professional standards,

Limit of liability and compensation

The Client undertakes to indemnify and hold Daniel Medina® harmless against loss or threat of loss or expense due to liability or possible liability for any situation arising from this letter of contract, arising from any claim for damages. The responsibility of Daniel Medina® in any case will be completely limited to the amount of the fees received by the Client.

Anti-corruption clause

The parties are obliged to comply with the current norms and regulations regarding anti-corruption in Mexico. The contracting parties must take the necessary measures in the execution of the services provided for in this contract, these instructions, for compliance with the rules and regulations in force on anti-corruption in Mexico, and the policies issued by the parties, which are applicable in anti-corruption matters, in order to ensure compliance with the current anti-corruption regulations that are applicable to the referred Firm.

Fortuitous Event and Force Majeure

The Parties shall be exempt from liability in complying with the terms established in this contract letter, in the event that they are prevented by causes attributed to acts of God or force majeure.

For the purposes of this contract letter, fortuitous cases or force majeure will be considered as examples, but not limited to, mentioned below, provided that such cases have had an effective influence or produced interruptions in the execution of services and the due diligence to prevent or limit your influences:

  1. World war and military hostilities, armed invasions, civil war, revolutions, insurrections or destructions.
  2. Strikes, acts of sabotage, subversive maneuvers.
  3. Fires and shipwrecks.
  4. Health emergencies or contingencies of any kind or nature.

When a fortuitous event or force majeure occurs, the interested party must notify the other immediately, establishing a period of fifteen (15) calendar days, to provide the corresponding evidence, unless there are serious impediments to do so.