Terms of Use

CONTRACTOR: Legal entity or natural person identified in this site register form, which is an integrant part of this contract.

CONTRACTED: 3Elos Informática Ltda, with its head offece in Rio de Janeiro city, RIO DE JANEIRO - BRAZIL, at 90, Sao Jose Street, Room 1301, inscription into the CPNJ-MF under the number 04.698.481/0001-01, in this act conveniently represented by its attorneys.

By the present private agreement and in the best form of right, the CONTRACTOR and the CONTRACTED one contract the present rendering of services specified in
CLAUSE 1. Object, by means of the adjusted and agreed conditions, described as follows:


1. Object

1.1 During the stated period of this contract the CONTRACTED one will provide the CONTRACTOR, through digital ways of information transmission, with the services below described:

a) the access and the individual use by the CONTRACTOR of WebWatch, Online Site Monitoring Service, of property of the CONTRACTED one;

1.2 The CONTRACTED one can modify (form or content), suspend or cancel, by its exclusive criterion and at any time, any services, products, utility or application, provided by itself or third parties, not depending on notifying the CONTRACTOR previously, not implying any infraction to the present contract.

2. Period of Validity and Cancellation of this Contract

2.1. This contract is celebrated by indeterminate stated period, entering in vigor in the date of its electronic celebration, that will be registered in the system.

2.2. The CONTRACTED one can immediately rescind the present CONTRACT at any time during the period of validity of the contract, by previously notifying, in written form, the CONTRACTOR, who, in its turn, can rescind the contract in the terms of this contract.

2.3. The Contract can also be rescinded, with stipulated penalties or foreseen in law, independently of judicial summons or extrajudicial, if:

a) bankruptcy or dissolution of any of the parts is declared or requested;

b) Any infraction of any of the clauses and conditions of this instrument occurs, since that the part infralog inside does not regularize its lack in no more than 20 (twenty) days, counted of the date of the notification of the event from the innocent part.

2.4. During the period of validity of the present contract, the CONTRACTOR can reveal its disinterest in the services of the CONTRACTED one and request its disconnection, through registered letter sent to the head office of the CONTRACTED one in the above commercial address, or through the telephone numbers published on the site of the CONTRACTED one.

2.4.1. The parts already agree that such referring communications to the cancellation of the services will only be valued in the following period to the act of receiving the disconnection request. Thus, the CONTRACTOR, when requesting the cancellation of the services, recognizes that it will have to pay according to the value used in the civil period contracted - monthly, quarterly, annual or any other form of payment - according to the rules of this contract.

3. The Contractor's Registration

3.1. In order to have a valid registration, the CONTRACTOR will create an identification code ("Login") and a password, and will inform the CONTRACTED one the data needed to complete its registration, becoming criminally responsible for this information. In case the data informed for the CONTRACTOR at the moment of the registration is wrong or incomplete - disabling the identification and authentication of the CONTRACTOR - the CONTRACTED one will have the right to cancel the registration automatically, being the CONTRACTED one exempt of any responsibility or compensation to the CONTRACTOR.

3.1.1. THE CONTRACTOR AUTHORIZES THAT THE REGISTRATION MENTIONED IN THE PREVIOUS CLAUSE BE MADE.

3.2. The CONTRACTOR will be responsible for any decurrent incubencies of the use of the site of CONTRACTED with its identification code and/or password, having to take all the necessary measures TO HINDER the use of its password by ANY third part.

3.3. The CONTRACTOR declares to be aware that the identification codes that it will have right in result of this contract will be for exclusive use, not being able to commercialize them, to give them to third parties or to explore them economically, under penalty of the immediate rescission of the present contract, without the responsibility for the damages caused to the CONTRACTED one in result of not fulfilling of the arrangements made in this clause.

4. Duties and Obligations of the CONTRACTOR

4.1. The CONTRACTOR may possess the minimum equipment to access (phone line, computer, modem and software) the site of the CONTRACTED one.

4.2. The CONTRACTOR agrees to bear all the expenses from the use of the services, paying the bill of the contracted service, in agreement with the described clauses in this contract.

4.3. During all the stated period of use of the services, it is assured to the CONTRACTOR the free use of the support service by e-mail, for the correct configuration of the services.

4.4. The CONTRACTING one can only register, for effect of monitoring, sites that are of its own responsibility, or responsibility of its company, in case the registration is done on behalf of the company.

a) They are admittedly of its responsibility, or responsibility of its company, the sites registered in its name in the legal competent authorities.

5. Duties and Obligations of the CONTRACTED one

The obligations of the CONTRACTED one, without damage of any others settled in this instrument, from law or requirements of the CONTRACTOR, are:

5.1. To execute the services rigorously in accordance with the conditions and specifications of this contract, using the highest technique, following the norms, regulations and laws in vigor, becoming responsible, technically, civilian or criminally, for its result or effect.

5.2. To keep the secret, compelling itself and its employees, as well as its eventually contracted chairmen, of documents and information that arrive to it at the knowledge for force of the execution of this Contract, being not allowed to divulge them, under any excuse, even if they are not confidential. The CONTRACTED one recognizes that the spreading of any information, as well as the practice of any act in disagreement with this contract will imply in answering in judgment to possible actions, in criminal or civil scope.

5.3. To keep the services functional, safe in periods of maintenance, when the CONTRACTOR must be informed within 24 hours in advance.

6. Payment and Readjustment

6.1 The payment will be done periodically, according to the period of this contract, and will have to be done in accordance to the option chosen in the registration in the site of the CONTRACTED one.

6.2. The payment will have to be made on the stipulated day, as informed by the CONTRACTED one during the charging agreement.

6.3. The value referring to the used period will vary according to the configuration done and used by the CONTRACTOR, and in accordance with the available values in the site of the CONTRACTED one.

6.4. In case the CONTRACTOR doesn't pay on the foreseen date, it will incur into:

a) Interests of deferred payment of 1%/month (one percent) on the total value of the debit calculated from the expiration date to the date of the effective payment;

b) Calculated monetary update of the expiration date to the date of the payment of the obligation, for the variation of the IGP-m (General Index of the Market Prices), considered by the Getúlio Vargas Foundation, in the same period. In case that such index is extinct, it will be adopted the official index that substitutes it, or, in the lack of this, another one that contemplates the lesser regularity of readjustment allowed by law;

c) Moratorium Fine of 2% (two percent) calculated on the value of the debit, charged only once.

6.5. Any delay in the payment of the invoices will give the right to the CONTRACTED one to proceed to the deactivation of the access of the CONTRACTOR up to the eventual payment.

6.6. The contracted price will be readjusted annually, or in inferior stated period that would be admitted by the applicable legislation, according to the variation of the IGP-m, or, in case that this index no longer exists, in accordance with any another index that reflects the inflation of the period.

6.7. The contracted price can also be reconsidered, at any time, in order to rescue the economic-financial balance of this contract in case of unexpected rise of the necessary resources to the installment of the services or in the case of significant modifications of the tributary regimen.

7. Forum and General Disposals

7.1 The CONTRACTED one can modify, add or remove any clauses or conditions of this contract, informing the CONTRACTOR by e-mail, postcard or by any other electronic device, when the alteration implies in restriction of the conditions initially agreed by the parties. In case the CONTRACTOR does not agree, it can rescind the contract, without any responsibility, with the obligation to inform by mail, in the stated period of 15 (fifteen) days from the date of the mail sending or the receiving of the message, as adopted criterion.

7.2. The CONTRACTED one declares and guarantees, for all the right ends:

a) To possess legal capacity to establish this contract and to use the products and services object of this contract;

b) Te be financially responsible for the use of the products and services object of this contract and TO HAVE FINANCIAL CONDITIONS TO HANDLE THE PAYMENTS, COSTS and DECURRENT EXPENDITURES OF THIS CONTRACT;

c) Recognize that the present contract legalizes, tying the parties, WITH the electronic acceptance of it by the CONTRACTOR; and

d) That IT HAD READ this contract and is aware and agrees with all the terms and conditions of it.

7.3. This contract constitutes the integral agreement between the CONTRACTOR and the CONTRACTED one. The CONTRACTOR cannot give to THIRD parties its decurrent rights of this contract without the previous consent for writing (also by fax or email) of the CONTRACTED one.

7.4. The parts choose the Central Forum of the Judicial district of Rio De Janeiro as competent to nullify any deriving controversies of the present contract, to the exclusion of any other one, being more privileged or not.

Rio de Janeiro, October - 2002.


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