TERMS AND CONDITIONS

General aspects:

Welcome to the general terms and conditions of Global Marketing House SpA (“Conditions”), which apply to anyone who enters this website https://nodosmedia.com/ (“Site”) and in general, to any application or website owned by Global Marketing House SpA (hereinafter, “Nodos Media”), its subsidiaries, affiliates, and any related company. 

It regulates your access to and use of our Site from wherever you access and use it. All transactions made through the Site are subject to these Conditions. 

Other websites, digital products of Nodos Media and third parties may have different terms and conditions, therefore, be sure to check the terms applicable to such other sites, products, software before contracting with us.

Note that this document constitutes the instrument that will be understood as an integral part of each contracting of services offered on the Site. They will be applied and will be mandatory for all users as if it were a contract.

Forms of acceptance to the Terms and Conditions of Nodos Media

The single visit to the Site does not impose any obligation on you, unless you have accepted unequivocally the terms and conditions offered through it.

We ask that you carefully read these Terms and Conditions, inasmuch as, by accepting by check box verification, registration on our Site or other unequivocal means, you agree to be bound by our Terms and Conditions, in full and without reservation. 

Therefore, if you do not  agree with these Conditions, please do not accept by checking the box or by any other verification presented to you.

Ability to accept the Conditions of Nodos Media

To make a transaction or contract a service through our Site or directly with us, you must have: 

1. (a) at least the legal minimum age; and, 
2. (b) be able to conclude a binding contract with us in accordance with the relevant laws in force at the time of contracting.  

All information you provide to Nodos Media must be true, accurate and complete, and by consenting to these Terms, you agree to keep it that way. Please note that if you do not meet these minimum age and capacity requirements, any act of acceptance by check boxes or other means of verification of consent presented to you will be deemed invalid and will not perfect the contract entered into with us.

Definitions: 

• User: the natural person or persons who quote, negotiate, and/or contract a service through our Site.
• Company (hereinafter “Provider,” “Nodos Media,” or “we”): the company or corporation, which offers services through the Site, in this case “Global Marketing House SpA” and which operates in business management, business consulting, outsourced services or outsourcing by department, and other similar.
• Suppliers (hereinafter “third parties”): any person, company or entity not affiliated with Nodos Media that supplies or provides directly to us. 
• Website or webpage: the website https://nodosmedia.com/, its subpages and associated web applications.Withdrawal of the Service
• Service: business management, business consulting, outsourced services or outsourcing by department, and other similar services offered on our Site or those offered directly to our users.
• Reasonable commercial efforts: For the purposes of these Terms and Conditions, and the other agreements that are signed with the Users, will be understood by “reasonable commercial efforts,” all those that are made on a recurring basis in the market for this type of sales. And disproportionate actions are excluded, such as and without this being an exhaustive list: 
  • a) Incurring expenses in excess of product cost; 
  • b) acting in any way that, considered individually or collectively, causes Nodos Media to suffer a detriment greater than the benefit reasonably expected to be obtained from the product purchased, making it excessively onerous; a material adverse effect or change; incurring encumbrances not stipulated in the Terms and Conditions; changing our strategy or business model; contravening any applicable law or regulation; disposing of any of our relevant assets; acting in any way that jeopardizes our existence and/or solvency.

Ownership of the Site Content

The Content of our Site, as far as it can be included, is the property of Nodos Media. Any visitor to our Site, whether consenting to the Conditions or not, will be prohibited from modifying, publishing, or transmitting any part of its content, even if they are allowed to save or download. Also taking care not to participate or collaborate in any way in the transfer of domain or sale or any other domain title, nor create derivatives of said content, nor exploit it without our prior written permission. If you wish to contact us to obtain such permission, you can do so at the addresses described in the “Contact and support” of these Conditions.

The express permission eventually granted to use our content does not mean that you acquire any property right over it. Therefore, if a mention of an author, trademark or a copyright notice or other legal notices is included in the content, the removal or alteration of these is prohibited.

Contact and support:

• 6.1. As A User you can contact us at: 

• • • E-mail address: Info@nodosmedia.com  
    • Phone number: +56940318185
    • Contact through any of our social networks or through instant messaging applications informed on our Site. 

• 6.2. As a Provider you authorize us to contact you at:

• • The E-mail indicated in any of the forms available on our Site.
  • The Phone number provided in any of the forms available on our Site.
  • Through instant messaging applications. 

Guarantees

Our priority is that you feel satisfied with our services. Nodos Media will make all commercially reasonable efforts to offer and deliver the Service, within the limits of the legal guarantee indicated below.

In case we do not have the quality standard we describe; we ask you to contact us to try to solve the problem. 

Operations on our Site. 

• 8.1. Generalities.

Only people who have the legal capacity to contract, whether natural or legal persons, may operate on our Site and contract with us.
Any natural person acting on behalf of a legal entity, who contracts with us, must have the power to contract on behalf of this and to bind it in the terms of these Conditions.

• 8.2. Operation of the contracting.

To contract one of our services, as a User you must comply with the following steps:

• Evaluation

  If you are interested in our servi​_ces, you will need to make a quote by contacting us at any of the means indicated in “Contact and Support”. We will carry out an evaluation that consists of: Analyzing your particular case in a personalized way.

• Proposal

  • b.1. Once the evaluation process is completed, a proposal will be prepared.
  • b.2. The time for the preparation of this proposal will be determined by the complexity of it, according to the exclusive discretion of Nodos Media. 

• Sending a budget

  • c.1. Once the proposal has been prepared, a quotation will be sent together with the proposal, indicating the specific price of the service to be contracted, by means of an e-mail.
  • c.2. From the receipt of this email, you will have a deadline of 24 hours to give an answer. After the previous deadline, without a response in sign of acceptance, Nodos Media reserves the right to modify the value of its Services indicated in the budget. 

• Approval of the budget and these Conditions

  • d.1. The proposal and the budget will be understood accepted, the communication by email of the User in which expressly indicates accepting the proposal, budget, and these Conditions.
  • d.2. Once the previous condition has been successfully fulfilled, the consent regarding the contracting of the Services will be formed, it will be invoiced, and a contracting confirmation email will be sent.
  • d.3 Once the contract has been perfected, these Conditions, or a hyperlink to access and download them, will be sent to your registered e-mail address so that you have a backup of them. Notwithstanding the fact that the contracting is already completed, it is understood that you accept these Terms in their entirety without reservation.

• Execution of the Service

  Once the payment of the first invoice has been made, the execution of the Service will begin. The validity of the Service will have the duration that would have been indicated in the proposal prepared previously, which was accepted by the User.

• Withdrawal of the Service

  • d.1. In the event that the User desists from the Service, once the execution of the Service has begun, regardless of the reasons that justify it and at any time during the validity of this service, the User must pay in any event at least 50% of the total price of the contracted service.
  • d.2. It is understood that the User has withdrawn, without being exhaustive the following numbering, when: (1) Stops answering phone calls, emails, taking into account the contact information provided to Nodos Media, for 10 calendar days, without giving prior notice; (2) Delay in the payment of the Services; (3) Contracts in parallel of similar services after the beginning of the execution of the Service to another company not related to Nodos Media.

Price and billing of Services:

• 9.1. Price or fee for our services.

The price of our services must be quoted in a personalized way, and it will be informed in the budget that must be accepted by the User, as indicated in section number 8.2 of these Conditions.
Without any acceptance by the User, Nodos Media reserves the right to modify the value of its Services, in view of the customization of the tariff as a result of the evaluation process.

• 9.2. Billing of Services.

Once accepted the budget by the User, an invoice will be sent via email to the box indicated by the User. The payment of this invoice will be made maximum 5 days from the date of receipt of the invoice by the means of accepted payments indicated in point 9.4. of the present Conditions.
The price of the invoiced service shall be in local currency and shall remain fixed for the term of the Contract, and shall not contemplate any type of readjustment, and shall include all direct and indirect costs, general expenses, profit and all taxes, except for the Value Added Tax (VAT), which shall be charged additionally for all contracts invoiced as of January 1, 2023, regardless of whether the Service was rendered in the year 2022.
The User will have a period of 8 calendar days counted from its receipt to object to the content of the invoices delivered by Nodos Media.
Failure to comply with the payment within the deadlines established in this contract will result in the suspension of the service and may lead to the termination of the contract, application of fines and interest and / or judicial collections, as established in these Conditions and the applicable laws.
The User authorizes Nodos Media, under the terms of Article 4° of Law 19.628, so that, in case of simple delay or non-compliance with the obligations contracted by these Conditions, enter their personal data, as well as the data of delay or non-compliance, in some commercial information bulletin system to be digitized, processed, treated and communicated; whether public or private, online or another alternative.

• 9.3. Promotions and discounts

Coupons, discounts, and marketing campaigns, such as referral code, among others (the “Promotions”) that may be granted for the products are at the discretion of the Company, which will not be obliged to give prior notice of the Promotions to the Users. In addition, the consumption of Promotions at the appropriate time is the responsibility of the User. If for any reason payments are interrupted, the Company is not responsible for reinstating or extending the promotions. For refunds of Promotions, all discounts and promotional benefits will be canceled and deducted from the refund amount.

• 9.4. Accepted means of payment

Unless a different form of payment is indicated for specific cases or offers, the forms of payment accepted on the website are:

• Credit card issued in Chile.
• Debit card enabled to operate in RedCompra system.
  All aspects related to the use of these cards, the date of issue, expiration, quota, blockages, etc. will be governed by the contracts concluded by the cardholders and the issuing companies, with Nodos Media not having any responsibility regarding them.
  Any promotion published by the banks in relation to the amount of installments offered as a cash installment are the exclusive responsibility of the banking entity.
  Nodos Media is affiliated with Transbank, which ensures the security of credit card transactions. To learn more about the Transbank service, access the site www.transbank.cl.
• Bank Transfer.
  These payments must be made to the following current account:
  • Holder: Global Marketing House SpA
  • Single Tax Registration 77.589.893-3 
  • Bank: Banco Bice
  • Current account: 21-00853-2
  • E-mail address: Info@nodosmedia.com 
• Cash.
  Cash payments must be made directly to the bank through deposit in the current account mentioned in the previous point. The proof of transfer or deposit must be sent to info@nodosmedia.com mentioning the No. of Operation in the subject of the mail.

Prohibited behaviors

As a User there are certain behaviors that you should not engage in when using the Site and the commission of one or more of the prohibited behaviors could mean that Nodos Media may pursue civil, administrative, criminal, and any other responsibilities before the appropriate authorities. For this reason, we recommend that you read these prohibitions carefully.

• Infringe or violate the rights of Nodos Media or manufacturers, in relation to honor, credibility, copyright, patent rights, utility model rights, design rights, trademarks, publicity or privacy;
• Upload or advertise any material through the Company’s Site and social networks that is false, offensive, sexually explicit, defamatory, threatening, obscene or illegal or that infringes intellectual property rights, and in general commit any illegal behavior or contrary to public order, politics and morality that directly or indirectly involves Nodos Media;
• Use the Site in any way that prevents, interrupts, or interferes with another person’s use of the Site;
• Modify, delete, interfere with, or misuse the data contained on the Site;
• Copy the Content of Nodos Media unless permitted by these Terms and Conditions or otherwise infringes the intellectual property rights belonging to Nodos Media or manufacturers. Intellectual property rights include, among other things, trademarks such as the Nodos Media logo or manufacturers and copyrights, which protect the content of Nodos Media;
• Use or take advantage of the Site for the purpose of developing commercial or business activity or to have the Know-How of Nodos Media without the consent of the Company;
• Use the Site to violate the laws of the country in which you live, or encourage any other person to violate those laws or promote illegal conduct among other Users;
• Cause other Users to suffer financial, economic, or moral damages, or any other inconvenience or disadvantage;
• Abuse, harass, threaten, impersonate, or intimidate any other User of the Site;
• Try to hack the Site;
• Impersonate of another person;
• Any other behavior or action not listed above that the Company deems inappropriate.

 Nodos Media reserves the right to rate the behavior of a User and determine if a prohibited action was committed and is obliged only to indicate the prohibited or qualified behavior and take the relevant actions without further justification.

The Company will not be liable for any damage or inconvenience that is caused by the Company’s judgment and suffered by the User, unless it is proved that it was due to gross negligence.

Responsibilities of the Users

Regardless of whether or not you as a User have operated our Site or engaged a service, you will be liable for any damage, injury, loss or inconvenience to the Company or any supplier, (“Damages”) if the Damages are attributable to your breach of any of the prohibited conduct listed in the “Prohibited Conduct” or as otherwise qualified by Nodos Media in accordance with its right.

Therefore, as a User, you assume full responsibility for any behavior with respect to the use of the Site and the results or consequences thereof.

As a User you will be liable for any damage or loss suffered by Nodos Media, the Company’s personnel (including its officers, representatives, employees), suppliers, other Users or any other third party in connection with your use of the Site (including your breach of these Terms and Conditions).

Confidentiality agreement 

As a User, you are obliged to safeguard all Confidential Information disclosed when using our Site, and not to use such Confidential Information for purposes other than those indicated in these Terms and Conditions, as well as not to disclose such Confidential Information to any third party. 

Nodos Media, the User and the manufacturers are reciprocally obliged to maintain in the strictest confidentiality all the Information that is delivered in relation to the other party, not being able under any circumstances to use in any other way the Confidential Information delivered or to which it has had access. 

Likewise, the User must respond for any damage caused by the breach of this obligation to Nodos Media, manufacturers or third parties that may be affected by said breach.

This agreement will have an indefinite validity, becoming mandatory for the parties even after, for any reason, the use of the Site ceases.

Limitation of liability

The User knows and accepts that the Company does not grant any guarantee of any nature, either express or implied, about actions of external companies or organizations, contingencies, and fortuitous cases. Except in those cases where the Law expressly imposes otherwise, and exclusively to the extent and scope to which it imposes it. 

In any case, the Company excludes any liability for damages that may be due to information, goods offered or supplied by manufacturers or third parties other than the Company. 

Nodos Media will be liable for intent or gross negligence in the damages or losses caused to the User by not delivering any of the products offered by the Company, except in Case of Fortuitous or Force Majeure in which it will not have any responsibility. 

The advertising contents will be understood as not incorporated into the contract if the User has known – or has not been able to ignore – that these do not conform to reality.

The User may be the direct beneficiary of the Site or may be a third party acting on behalf of the beneficiary, in which case Nodos Media is excluded from liability as it is not responsible for the effective delivery of the contracted Service to the final beneficiary of this and will only be liable for the effective execution of the Service to the User who is presented as a counterparty to the Contract, in accordance with the established Conditions.

Accordingly, Nodos Media disclaims, to the maximum extent permitted by law, representations and warranties related to the product offering on the Site and limits its liability with respect thereto.

In addition, the User expressly acknowledges their absolute responsibility, regarding claims, demands, judicial actions or other of any nature, that may be generated against them, as a result of the documents, information, material, or any other delivery made by Nodos Media during the provision of the Services, as well as any possible encumbrance, discredit, offense, tort, dishonor or any other situation that could affect their honor, the management of their business or their commercial movements. In this sense, the User is responsible for any demand or claim, judicial, administrative or of any other nature made by third parties or the same members of their Company, or the same User as a result of the provision of the Services, expressly releasing and exempting, therefore, from all civil and criminal liability to Nodos Media, renouncing by this act their right to repeat against this last one.

Company intellectual and industrial property:

All contents, trademarks, logos, drawings, documentation, computer programs or any other of any nature or any kind, correspond exclusively to Nodos Media or its legitimate owners and all rights to them are expressly reserved. 

In any case, Nodos Media reserves all rights over the contents, information, data, goods, products and in general the right of ownership that it holds over them. The Company does not grant any license or authorization of use to the User on its contents, data, goods, without prejudice to the authorization of Nodos Media.

The Company may use the name, logos, or any information to identify the User as one of the Company’s customers in such media as the Company deems appropriate. For these purposes, the User expressly authorizes the Company to collect, store and use their personal information for the purposes indicated above. 

Divisibility

If any provision of the Terms and Conditions is deemed null, void, or unenforceable by a court or a consumer contract law of competent jurisdiction, the validity of the remaining provisions will not be affected in any way. In such case, the User agrees to replace the invalid or unenforceable provision with a provision as close as possible to the original intent of the invalid or unenforceable provision.

Applicable law and court of exclusive jurisdiction

The Terms and Conditions are governed by and construed solely in accordance with the laws of Chile, without regard to principles of conflicts of laws. The User agrees that any dispute arising between the Company and the Users in relation to the Terms and Conditions will be resolved under the jurisdiction of the ordinary courts of justice. And the city of Santiago, Metropolitan Region, is fixed as the domicile for the purposes of the extension of competition.   

Complaints and compliance

If you have any comments or complaints regarding our services, please contact us at the contact details indicated in our “Contact and Support,” during the following hours: 7:00 to 19:00 from Monday to Friday and from 9:00 to 17:00 on Saturdays and Sundays.

The User, who is a legal entity, must comply with all applicable laws and regulations, including compliance with all obligations arising from Law No. 19.913 that creates the financial analysis unit and modifies various provisions on money laundering, or any other applicable law.

Amendments

These Terms and Conditions will be updated occasionally and in accordance with legal, regulatory, or operational modifications. We will notify you of these changes (including the effective date) as required by law. In the same way, it is recommended that they be consulted periodically on our Site, since the Company reserves the right to modify at any time the stipulations herein. These modifications will be aimed at offering a better service to our Users.