Among the undersigned, the company and person who sign the proposal and place a service order, hereinafter referred to as THE CONTRACTOR, on the other hand, the company represented by the signatory who receives the service order, hereinafter referred to as THE CONTRACTEE, have entered into the contract which will be governed by the following clauses:

1. Contract Object: THE CONTRACTOR undertakes to provide the service of managing and executing advertising campaigns in digital and/or traditional media, according to the proposal presented to THE CONTRACTEE. The minimum duration of the service will be as established in the contract, during which THE CONTRACTOR will be responsible for optimizing and managing the allocated budget to obtain effective advertising results.
2. Contract Value: THE CONTRACTEE will pay THE CONTRACTOR the value established in the proposal presented and accepted by both parties. Payments will be made according to the terms agreed upon in the proposal.
3. Payment Method: THE CONTRACTEE will make payments according to the deadlines and modalities established in the proposal. Payments must be made in a timely manner to ensure the continuity of the service.
4. Budget Consumption: THE CONTRACTEE undertakes to provide the total amount of the proposal to be consumed in the advertising campaigns during the agreed contractual period. THE CONTRACTOR will inform THE CONTRACTEE monthly about the state of the budget and the results obtained.
5. Digital Assets: To carry out the tasks, THE CONTRACTEE must provide THE CONTRACTOR with the required digital assets such as photos, videos, necessary information for the campaign creation. This must be done by the means provided by THE CONTRACTOR
6. Access to Platforms: In some cases, THE CONTRACTOR requires access to THE CONTRACTEE’s advertising accounts and will provide instructions to do so. If necessary due to lack of knowledge or ease, THE CONTRACTEE must provide access to THE CONTRACTOR to the necessary platform(s) to perform the service, some of these platforms may include META, Google, Linkedin, Pinterest, web pages, among others depending on the case.
   1. Paragraph 1: THE CONTRACTOR undertakes to use these accesses for the provided service and the platforms will continue to belong to THE CONTRACTEE unless explicitly stated otherwise in the contract.
   2. Paragraph 2: Advertising accounts created will belong to THE CONTRACTEE unless explicitly stated otherwise in the contract.
7. Beginning of Service: The start date of the service will be considered when THE CONTRACTOR requests the necessary digital assets, not when the ads start running.
8. Contract Duration: This contract has a minimum duration according to the contract, counted from the beginning of service. The contract will be automatically renewed for equal periods, unless one of the parties notifies its intention not to renew with at least 15 days’ notice before expiration or if automatic non-renewal is explicitly stated in the agreement.
9. Penalty for Payment Default: In case of default in the timely payment of the contracted services, THE CONTRACTEE will pay THE CONTRACTOR an amount equivalent to 0.5% of the total value of the contract for each day of delay or the maximum allowed by law, whichever is higher. Timely payment will be supported by the invoice or bill created.
10. Obligations of THE CONTRACTOR: In addition to the obligations derived from the object of the contract, THE CONTRACTOR undertakes to provide periodic reports on the performance of the advertising campaigns and to make necessary adjustments to improve the results.
11. Obligations of THE CONTRACTEE: THE CONTRACTEE undertakes to provide the total amount of the proposal to be consumed in the advertising campaigns and to collaborate with THE CONTRACTOR by providing the necessary information and materials for the execution of the service.
12. Unilateral Termination: Either party may unilaterally terminate the contract in case of non-compliance with the obligations by the other party. In case of unilateral termination by THE CONTRACTEE by reasons other than the non-compliance of THE CONTRACTOR, it must pay the total value of the contract.
13. Force Majeure: THE CONTRACTOR and THE CONTRACTEE are exempt from liability for non-compliance with any of their obligations or for delay in the fulfillment of any of the services in their charge, when such non-compliance is a consequence or result of force majeure or fortuitous event, duly proven, under the terms of Colombian law. This contract may be temporarily suspended in this case and may be restarted, by mutual agreement between the parties once it is possible to continue the contract.
14. Legal and Jurisdictional Regime: This contract will be subject to the civil and commercial rules inherent in its nature in Colombia. The competent judge to hear disputes will be the one of the ordinary civil or criminal jurisdiction.
15. Dispute Resolution: Differences will be resolved through the contractual dispute resolution mechanisms provided for in Colombian law and through conciliation, amicable composition, and transaction.
16. Validity: This contract enters into force from the date of digital signature by both parties and will have a minimum duration according to the contract, automatically renewing for equal periods.
17. Budget Consumption’s Differences: The value to be consumed will be approximately as agreed upon by the parties in the contract and this may have small differences according to the billing practices of the place where the advertising will be carried out.
18. Changes in the Value to Consume: The contract establishes a value to consume and the price for our services. If the contract has a fixed value and the value to be consumed increases, the service price can increase up to 20% of the value to be consumed if this is higher than the fixed value established in the contract.

Both parties declare to have read and understood the clauses established here and accept their terms by digitally signing the established contract.

Rev E, published on April 1, 2024