Terms and Conditions
Linked to the Services Agreement — VELIP
Object and Binding Effect
- Acceptance of the Commercial Proposal binds the parties (the CLIENT, appropriately identified in its respective place, and Tradeal Serviços em Tecnologia da Informação Ltda., in this document referred to as VELIP) to the Service Provision Agreement (the "Agreement"), and to all clauses described and specified therein, as well as to the present Terms and Conditions of Use (the "Terms"), which summarizes the mutual rights and obligations of the parties.
- VELIP will provide spoken message sending services for the phone list provided by the CLIENT, during commercial hours, according to the schedule established by the CLIENT.
- VELIP will not conduct analysis or study of the data, limiting itself to presenting a demonstrative report of the results, showing the time of receipt/answering of the message.
Sending Modalities
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Messages will be sent in the following modalities, according to the CLIENT's choice:
Simplex Broadcast Recorded, spoken message, sent to landlines and/or mobile phones, without interaction with the recipient.
Interax DTMF Broadcast Recorded, spoken message, sent to landlines and/or mobile phones, with recipient interaction through an interactive menu option for selecting alternatives via the keypad.
Voicebot and Videobot Recorded/spoken message and/or video, sent to landlines and/or mobile phones, with recipient interaction through an interactive menu option for selecting alternatives by voice.
Client Responsibilities
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It is the sole and exclusive responsibility of the CLIENT to:
- Respect the VELIP Manual (the "Manual"), as well as the terms and conditions set forth in the Commercial Proposal, the Privacy and Cookie Policy, the Agreement, and these Terms;
- Provide a complete contact list, with all necessary information, in accordance with the Manual's standards;
- Send the text or recorded message, in accordance with the Manual's standards;
- Analyze the results obtained;
- Program the sending schedule with a minimum of 12 (twelve) hours' notice prior to the scheduled start.
- The CLIENT is solely and exclusively responsible for the content of the messages, including with respect to third-party rights, exempting VELIP from any liability and committing to assume any legal demands filed against VELIP.
- VELIP reserves the right to suspend the sending of messages, terminating the Agreement without any right to compensation, refund, or indemnification for the CLIENT, should it find that the messages are offensive, discriminatory, advocate crime, or violate morals and good customs.
Credits and Payment
- The CLIENT will pay for the purchase of credits (pre-paid) through the VELIP platform, in accordance with the values and specifications set forth in the Agreement, the Commercial Proposal, and the aforementioned platform.
- Services will always be provided up to the limit of the purchased credits, and the CLIENT may verify their credit balance at any time through the VELIP platform.
- If the CLIENT opts to terminate the Agreement, resulting in the cancellation of their account, subject to the contractually established notice period, any existing credits at the termination of the Agreement will be refunded to the CLIENT, minus taxes applicable to the service.
Confidentiality and Data Protection
- All information related to the Agreement and the services provided is considered confidential and protected by law. Confidential information will only be disclosed to third parties in the event of a court order or an order from a competent authority, or if the information is already known to the third party or in the public domain.
- The CLIENT declares and acknowledges that, under the terms of the General Data Protection Law (LGPD), they are the data controller of third-party data, being duly authorized, by consent or legal exemption, to share them with VELIP, which will act as a mere data processor, following the guidelines and instructions of the CLIENT. The CLIENT is solely and exclusively responsible for data processing, exempting VELIP from any liability, including recourse claims. The CLIENT will transfer to VELIP only the data essential for the execution of the services, and VELIP reserves the right to delete or anonymize data that proves to be irrelevant.
Intellectual Property
- The know-how, all processes, and software of VELIP are its sole and exclusive property, and are protected by law, receiving the same confidentiality treatment. The disclosure or use of VELIP's know-how will subject the infringer to applicable legal provisions, including criminal ones, in addition to other sanctions provided for in the Agreement.
General Provisions
- The specific details of the contracting will be indicated by the CLIENT in the "Campaigns" form available on the CLIENT's access page on the VELIP platform.
- Access to the CLIENT's page will be made via a personal and non-transferable password, and the CLIENT is aware that they are solely responsible for access control.
- These Terms are linked to the Commercial Proposal, the Agreement, the Privacy and Cookie Policy, and the Manual, and to all their respective clauses and conditions. All of the aforementioned instruments are available to the CLIENT, who declares to have read and accepted them without reservation.