Terms and Conditions

Engynex is a Colombian digital development company serving clients in Colombia and Latin America. Among other things, it offers website, app and platform development; digital marketing; audiovisual production; artificial intelligence solutions; cloud services; cybersecurity; hosting and maintenance; technology support; equipment rental; and its own software products, some on a monthly subscription.

These terms apply to anyone who browses the site (the “user”) and to any individual or company that hires an Engynex service or product (the “client”). Where there is a commercial proposal, formal quote, service order or contract signed with the client (the “proposal”), its specific terms prevail over these terms to the extent they differ; anything not covered there is governed by these terms.

Using the site means accepting these terms. Hiring a service or product also means accepting the corresponding proposal, which may be done by signature, by email, by written message or by paying the advance or the first monthly fee.

If you act on behalf of a company, you represent that you are authorized to bind it. If you do not agree with these terms, please do not use the site or hire our services.

• Services: the professional activities Engynex provides to the client under the proposal (development, marketing, audiovisual, cloud, support, hosting, equipment rental, among others).
• Products: Engynex's own software deployed for the client, either on subscription or for a one-time payment.
• Monthly plan or subscription: an arrangement in which the client pays a recurring fee for a service or product for the agreed term.
• Deliverables: the final results Engynex delivers to the client under the proposal, such as designs, custom-built source code, graphic pieces, videos or documentation.
• Proposal: the formal quote, service order or contract describing the scope, price, timeline and specific terms of each engagement.

Information on the site about services, products, plans and prices is general and for reference only. We strive to keep it accurate and up to date, but it may contain errors or change without notice, and it does not by itself constitute a binding offer.

When using the site you agree not to:

• use it for unlawful purposes or in breach of these terms;
• attempt to gain unauthorized access to its systems, disrupt its operation or introduce malicious code;
• submit false information, or third-party information without their authorization, through the forms;
• copy, reproduce or commercially exploit its content, trademarks, text or images without prior written authorization.

The site may include links to third-party sites, such as WhatsApp or social networks. Engynex does not control those sites and is not responsible for their content or policies; their use is governed by each third party's terms.

Prices published on the site are “starting from” reference prices, stated in Colombian pesos and before VAT. Estimates produced by the quote tool or other site tools are indicative only.

The final price, scope, timeline and terms of each service are set in the written proposal Engynex sends to the client, which includes the tax breakdown. The proposal is valid for the period stated in it.

Engynex provides only what is described in the proposal. Any additional feature, piece, adjustment or activity is a change of scope and is quoted separately before it is carried out.

Unless the proposal says otherwise, third-party costs are not included, such as ad spend (paid by the client directly to the relevant platform), domains, software or template licenses, stock images, payment gateways or cloud services contracted in the client's name.

Unless the proposal sets a different payment method:

• One-time projects require a 50% advance to start and the remaining 50% on delivery.
• Large projects are paid by milestones according to the proposal's schedule.
• Monthly plans are billed at the start of each month of service.

We accept bank transfer, PSE and card. For clients outside Colombia we can invoice in US dollars when agreed. VAT and any other applicable taxes are added to the stated amounts as required by law.

Work begins once the advance or first monthly fee is received. If a payment is not received on the agreed date, Engynex may, after notifying the client, suspend the work or service until the account is brought up to date, without prejudice to any other remedies available under the law. Delivery dates are extended by the length of the suspension.

The term and minimum commitment of each monthly plan are those stated in the published plan or the proposal, and are always put in writing before starting. Depending on the service, monthly plans are agreed for 3 or 12 months. One-time projects have no minimum term.

Website subscription. Under this arrangement:

• There is no setup fee: the client pays a monthly fee and Engynex provides the domain, hosting, SSL certificate and maintenance for as long as the subscription is active.
• The minimum term is 12 months.
• The domain is registered in the client's name. If the client cancels the subscription, Engynex transfers the domain to them.
• On cancellation, the site stops being published on Engynex's infrastructure. The client may move to the one-time payment option by paying the difference for the development.

Software products. Engynex products may be hired on a monthly subscription with support included or for a one-time payment with the code in the client's name, as stated in the proposal.

Cancellation of a plan must be requested in writing. The consequences of ending a plan before the minimum term are those set out in the proposal. Monthly fees already invoiced for periods in progress are not prorated unless the proposal provides otherwise.

So that we can deliver what was agreed, the client undertakes to:

• provide on time the information, content, access and approvals the project requires, and appoint a contact person with decision-making authority;
• ensure it holds the rights to the text, logos, images, videos, data and other materials it supplies, and that their use does not infringe third-party rights or the law;
• review progress and deliverables within the agreed timeframes;
• pay the agreed amounts on time;
• safeguard the credentials and access it receives and use the services in accordance with the law and the Acceptable Use Policy.

Delays caused by missing information, materials, approvals or payments for which the client is responsible extend the delivery dates by the same amount of time and are not attributable to Engynex.

Each project's timeline is the one in the proposal's schedule and starts once the advance and the information needed to begin have been received.

On delivery, the client reviews the deliverable and sends any comments in writing within the period set in the proposal. Engynex fixes anything that does not match what was agreed. A deliverable is deemed accepted when the client approves it, when the review period ends without comments, or when the client puts it into production use.

Custom deliverables. Once the full project price has been paid, the client holds the economic rights to the final deliverables developed specifically for it, under Colombian copyright law. Until full payment, Engynex retains those rights.

Pre-existing tools. Engynex retains ownership of its pre-existing or general-purpose tools, libraries, components, templates, methodologies and know-how, even when used in the project. Where they form part of a deliverable, the client receives a non-exclusive, perpetual license to use them as part of that deliverable.

Third-party components. Open-source software, fonts, stock images, plugins, APIs and other third-party components included in a deliverable are governed by their own licenses, which the client must respect.

Subscription products. When an Engynex product is hired on subscription, the client receives a non-exclusive, non-transferable license to use it for the duration of the subscription, and Engynex retains the product's intellectual property. Under the one-time payment option, rights to the code are as stated in the proposal.

Client data. The information and data the client uploads to or generates in the platforms we provide belong to the client.

Portfolio. Engynex may mention the client and show the work done in its portfolio and marketing materials, unless the client objects in writing or the information is confidential.

Every development includes a warranty on functional defects for the period stated in the plan or proposal (2 to 6 months depending on the plan), counted from delivery. During that period we fix any failure attributable to our work at no cost.

The warranty does not cover:

• changes made by the client or third parties without Engynex's involvement;
• failures of third-party services, platforms, updates or infrastructure not managed by Engynex;
• new features or changes of scope;
• misuse or use contrary to the instructions provided.

Brand-new rental equipment is also covered by the factory warranty. None of the above limits any statutory warranty that applies when the client is a consumer (see Consumer rights).

When the client rents equipment (desktops, laptops, servers, monitors, printers or networking gear), the following conditions apply in addition to the proposal:

• The equipment is and remains Engynex's property. The client holds it for use during the agreed term, which may be days, weeks or months.
• Engynex offers brand-new equipment with factory warranty and certified refurbished equipment inspected by Engynex; the chosen line is stated in the proposal.
• The fee includes installation, scheduled preventive maintenance, support and replacement under the plan's terms. If a device fails and cannot be repaired right away, Engynex delivers a replacement unit.
• The client must use the equipment properly, keep it at the agreed location, not open, repair or modify it on its own, and promptly report any failure, loss or damage.
• Damage caused by misuse, accidents, loss or theft while the equipment is in the client's possession is handled as set out in the proposal.
• At the end of the rental, Engynex picks up the equipment and, before doing so, performs certified secure erasure of the drives and provides the corresponding certificate.

Each party will keep confidential any confidential information it receives from the other in the course of the business relationship (technical, commercial, financial, customer or access information) and will use it only to perform what was agreed. This obligation survives the end of the relationship.

Information is not confidential if it becomes public through no fault of the recipient, was already lawfully known to it, is obtained from a third party with no duty of confidentiality, or must be disclosed by order of a competent authority.

Engynex processes personal data in accordance with Law 1581 of 2012 and its implementing regulations, as described in its Personal Data Processing Policy.

When, to provide a service, Engynex processes personal data of the client's customers, users or employees (for example, in a platform, product or hosting service), it acts as a data processor on behalf of the client, who is the data controller and must obtain the authorizations required by law.

Engynex provides its services with professional diligence. For services whose outcome depends on external factors, such as search rankings, ad campaign performance, sales or third-party algorithms, its obligations are to use best efforts, not to achieve a specific result.

Engynex is not liable for:

• failures, outages or changes in third-party services, such as advertising platforms, social networks, cloud providers, payment gateways, domain registrars or messaging services;
• content the client publishes or supplies, or the client's use of the deliverables;
• damage resulting from not following the security recommendations provided or from credentials poorly safeguarded by the client;
• lost profits or indirect damages, to the extent permitted by law.

To the extent permitted by law, Engynex's total liability to the client for any claim arising from a service is limited to the amount actually paid by the client for that service during the 12 months preceding the event giving rise to the claim. This limitation does not apply in cases of willful misconduct or gross negligence, and does not restrict consumers' non-waivable rights.

Neither party is liable for non-performance or delay caused by force majeure or acts of God, such as natural disasters, widespread power or internet outages, acts of authority or large-scale cyberattacks that could not reasonably have been foreseen or resisted. The affected party will notify the other as soon as possible and deadlines will be extended for as long as the situation lasts.

The relationship ends when its purpose or agreed term is fulfilled, by mutual agreement or on the grounds set out in the proposal. Either party may terminate it if the other seriously breaches its obligations and fails to remedy the breach within a reasonable period after receiving written notice.

On termination, the client pays for work performed and expenses incurred up to that date, and Engynex delivers whatever has been paid for. The intellectual property, confidentiality, personal data and limitation of liability clauses survive termination.

When the client acquires a service or product as an end user, i.e. as a consumer, it has the rights provided in Law 1480 of 2011 (Consumer Statute), which prevail over any provision of these terms that limits them. These include:

• receiving clear, truthful, sufficient and timely information about the services, their prices and terms;
• the statutory warranty of quality, suitability and safety of goods and services;
• the right of withdrawal for distance or non-traditional sales, within five (5) business days after the contract is entered into, subject to the exceptions in article 47 of Law 1480 of 2011, including services whose provision has begun with the consumer's agreement and goods made to the consumer's specifications or clearly personalized;
• filing requests, complaints and claims with Engynex and, where applicable, with the Superintendence of Industry and Commerce (SIC).

You can submit requests, complaints and claims to contacto@engynex.com or by phone and WhatsApp at +57 315 437 7743.

These terms and the relationships they govern are subject to the laws of the Republic of Colombia.

The parties will try to resolve any dispute directly and in good faith. If they cannot reach agreement, the dispute will be submitted to the competent courts of the Republic of Colombia, without prejudice to any action a consumer may bring before the Superintendence of Industry and Commerce.

Engynex may update these terms. The version in force is the one published on this page, with its last-updated date. Changes do not affect proposals already accepted, which are governed by the terms in force when they were accepted, unless the parties agree otherwise.

For any questions about these terms, write to us at contacto@engynex.com, or call or message us on WhatsApp at +57 315 437 7743. Business hours: Mon–Fri 7:00 a.m. – 5:00 p.m. · Sat 8:00 a.m. – 4:00 p.m..