1. Identification and acceptance
This website and the services described here are offered by Barona Enterprise, Colombian tax ID (NIT) 901.402.517-1, with registered office in Bogotá D.C. (Colina area), Colombia (“Barona Enterprise” or “we”). Email: info@baronaenterprise.com · Phone and WhatsApp: +57 324 669 4053.
These terms govern (a) the use of the website and its tools (Microsoft Teams booking, express assessment, forms, newsletter and search) and (b) the contracting of our professional services. By using the site or accepting one of our proposals, you accept these terms, the privacy and personal data policy and the payments and refunds policy. Barona Contable and Barona POS have their own terms of service, which prevail for the use of those products (see the legal center).
2. Definitions
- Client: the individual or company that contracts a service.
- Consumer: a client who acquires the service as its end user, as defined in article 5 of Colombian Law 1480 of 2011 (Consumer Statute).
- Services: consulting and projects on Microsoft platforms, support hour blocks, service desk, web and software development, hosting, maintenance and third-party license management.
- Proposal: the written document (quote, proposal or service order) describing the scope, deliverables, schedule, price and payment terms of a service.
- Deliverables: the concrete outputs of the service (documents, configurations, code, websites, reports).
3. Use of the website
Website content is for information. Success story figures refer to specific projects and do not guarantee the same results elsewhere; the express assessment is indicative and does not replace a technical evaluation. We may update or remove content and tools without notice. Use of the site must follow the acceptable use policy.
4. Information and prices
We provide clear, truthful and sufficient information about our services. Prices published on the site are in Colombian pesos and state whether they include taxes; they are for reference and the final price is the one in the accepted proposal, which prevails. Proposals are valid for the period they state; if none is stated, 30 calendar days.
5. How a service is contracted
- Initial conversation at no cost (Teams, phone or WhatsApp) to understand the need.
- Written proposal with scope, deliverables, assumptions, schedule, price, payment terms and warranty.
- Express acceptance of the proposal (signature, email or payment of the advance).
- Execution according to the agreed plan. Every scope change is documented and, if it affects time or price, approved in writing before it is carried out.
6. Payments and advances
Payment terms are those of each proposal. As a general rule: projects require an advance payment (usually 50%) to start and the balance on delivery or by milestones; support hour blocks, monthly fees and third-party licenses are paid in advance. We issue an electronic invoice for every payment. Details, including payment methods, late payment and service suspension, are in the payments and refunds policy.
7. Support hour blocks
Hours are recorded in half-hour increments, with a description of each activity, and deducted from the block balance. Hours do not expire automatically unless the proposal sets a validity period; we recommend using them within 90 days for continuity. Response times and service levels are those agreed in the proposal or service agreement.
8. Client obligations
- Provide truthful and complete information and the access, licenses and authorizations needed.
- Appoint a contact person to coordinate with and approve deliverables.
- Keep backups of its information before critical changes, unless that service was contracted from us.
- Ensure that the content, trademarks, images and personal data it provides can be lawfully used for the service.
- Pay within the agreed terms.
9. Our obligations
We provide services with professional diligence and industry good practice, keep information confidential, document the work done and warn you of the technical risks we identify. Consulting and support services are, by nature, obligations of means; development deliverables must meet what the proposal specifies.
10. Right of withdrawal
If you are a consumer and contract through distance or non-traditional channels (internet, phone, WhatsApp), you may withdraw within five (5) business days after the contract is concluded, under article 47 of Law 1480 of 2011. We refund the money within thirty (30) calendar days.
Under the same article, withdrawal does not apply to: (a) services whose performance began with your agreement before the five days ended; (b) goods or services made to your specifications or clearly personalized, such as software development, websites, designs or custom configurations; and (c) third-party software licenses already activated or delivered. The other exceptions provided by law also apply.
11. Payment reversal
If you paid electronically and were the victim of fraud, the transaction was not requested, the service was not provided or does not match what was contracted, you may request a payment reversal under article 51 of Law 1480 of 2011: file your complaint with us within five (5) business days after learning of the transaction and notify the payment instrument issuer.
12. Warranty
We are liable for the quality and suitability of the services under Law 1480 of 2011 when you are a consumer, and under the proposal in all other cases. Development deliverables carry a defect-correction warranty (behavior different from what was specified) for the period stated in the proposal; if none is stated, ninety (90) calendar days from delivery. The warranty is provided by fixing the defect at no cost and does not cover new requirements, changes made by third parties or by the client, failures of third-party platforms or services, changes in regulations or external services after delivery, or misuse. To claim it, contact us through the PQRS channel.
13. Intellectual property and license of deliverables
Unless otherwise agreed in writing in the proposal:
- The client retains ownership of its information, content, trademarks and data.
- Once the full price is paid, the client receives a perpetual, non-exclusive license at no additional cost over the deliverables developed for it, allowing it to use, modify and maintain them for its own purposes, directly or through third parties.
- Barona Enterprise’s pre-existing or general-purpose tools, libraries, components, templates, engines and know-how remain ours and are licensed as part of the deliverable; they are not assigned.
- Assignment of economic copyrights over a specific development only takes place if expressly agreed in writing, as required by Colombian Law 23 of 1982.
- Third-party software and licenses (for example, Microsoft) are governed by their manufacturer’s terms.
- We may mention the project and show the published site as a reference in our portfolio, unless the client asks us not to.
More detail in the intellectual property and trademarks policy.
14. Third-party licenses and services
When we manage third-party licenses or services (Microsoft 365, Azure, domains, certificates or others), their use is governed by the manufacturer’s or provider’s terms, which the client accepts. Price, condition or availability changes made by the manufacturer are passed on with prior notice and are not Barona Enterprise’s responsibility.
15. Confidentiality and personal data
We keep confidential the client information we access and use it only to provide the service, during and after the relationship. When the service requires us to process personal data on the client’s behalf, we act as data processor and sign the data transmission agreement required by Decree 1074 of 2015. Our own processing is governed by the privacy and personal data policy.
16. Limitation of liability
To the extent permitted by law, Barona Enterprise is not liable for indirect or consequential damages, loss of profit, loss of data it was not required to back up, or failures of third-party platforms, networks or providers. Our total liability for any claim arising from a service is limited to the amount actually paid for that service in the three (3) months before the event giving rise to it. These limitations do not apply to willful misconduct or gross negligence and do not limit consumers’ non-waivable rights.
17. Force majeure
Neither party is liable for failures caused by force majeure or acts of God (article 64 of the Colombian Civil Code), including general power, internet or third-party datacenter outages. The affected party will notify the other as soon as possible.
18. Termination
Either party may terminate a service for a material breach by the other not cured within ten (10) business days after written notice. Recurring services may be terminated with the notice set in the proposal (if none, thirty calendar days). On termination, the work performed is paid and we hand over the client’s information and the paid deliverables.
19. Changes to these terms
We may update these terms. The current version is published on this page with its date; services already contracted are governed by the version in force when the proposal was accepted, unless otherwise agreed.
20. Governing law and disputes
These terms are governed by the laws of the Republic of Colombia. Disputes will first be addressed directly through the PQRS channel for thirty (30) calendar days. Consumers may at any time go to the Superintendence of Industry and Commerce (SIC), which has judicial powers in consumer protection matters, or to the competent courts. In all other cases, the courts of Bogotá D.C. have jurisdiction.
21. Contact
Barona Enterprise · NIT 901.402.517-1 · Bogotá D.C. (Colina area), Colombia · info@baronaenterprise.com · +57 324 669 4053.
