Dear User,
Welcome to Coolhouse!
Introduction: PROPTECH SOCIEDAD POR ACCIONES SIMPLIFICADA, identified with the NIT 901286693 – 1, hereinafter identified as “COOLHOUSE” is a company that provides the services of creation, design, customization and supply of web pages. This service may be provided for any economic activity, but with emphasis on: (i) professional advice on the purchase, sale, lease and administration of real estate, (ii) real estate analysis service in relation to the promotion and marketing of real estate, (iii) selection of tenants and intermediation with insurance companies, (iii) maintenance service and emergency attention on real estate, (iv) extrajudicial and judicial collection management on monies owed for real estate leases (v) negotiation of lease contracts and renewal thereof, (vi)legal advice in the field of commercial and civil law in relation to real estate, especially through the web https://coolhouse.com.co/. These services are governed in their entirety by the following terms and conditions that govern the commercial relations that arise or may arise between the clients or potential clients of the web page supply services, reason for the above, please read in detail the present terms and conditions of use, which are understood to be unconditionally accepted when the USER/OWNER performs the act of entering directly or indirectly to the web https://coolhouse.com.co/.
2. Acceptance: The USER/OWNER hereby unconditionally and irrevocably accepts the terms, conditions of use and legal notice contained herein and declares that he/she has full legal capacity to issue such statement, accepting that he/she is over eighteen (18) years of age, being prohibited navigation for minors, unless expressly authorized by their parents.
3. Access and use of services provided by Coolhouse: Any USER/OWNER who is legally able, will have free access to all websites that are hosted on the COOLHOUSE web platform. The USER/OWNER may contact the COOLHOUSE team to access their website design and creation services, through the channels that COOLHOUSE has provided for this purpose. When the USER/OWNER has contacted COOLHOUSE, he/she may request COOLHOUSE to develop and provide a new website, which will be hosted at the email address https://coolhouse.inmo.co/, which will consist of a website that will be characterized by including multimedia content such as images, videos, user experiences, and other specifications that are indicated and/or required by the USER/OWNER. Once the contract for the development and supply of the web page has been signed, COOLHOUSE will commit itself to make its best effort in the development and supply of the contracted website in a diligent and competent manner, within the agreed deadlines; to correct and include those changes that are indicated by THE USER/OWNER; to keep absolute confidentiality of all information used for the proper development and provision of the Web site; to respond in the event that the Web site developed contains links included by him that discredit third parties; and to ensure the proper functioning of the Web site link at the time of final delivery.
The contract for the development and supply of the website is subject to the USER/OWNER having provided COOLHOUSE with all the basic information required for the execution of the contract in good time. The information, in any case, must be reliable, correct, updated and complete. In addition, the USER/OWNER must pay the value of the contract as consideration for the development of the commissioned website, in the terms that have been defined by mutual agreement with COOLHOUSE.
When any USER/OWNER has entered into a website development and supply contract with COOLHOUSE, he/she may request, within the framework of the digital and technological services provided by COOLHOUSE, the provision of any of the following additional services:
3.1 Real estate administration for the management of rents: mandate contract by means of which THE OWNER actually and materially delivers the real estate to COOLHOUSE so that COOLHOUSE leases the property owned by the owner for its account and risk, taking out insurance policies to cover the rent, utilities and administration fees. This is a service of means and not of result, so that COOLHOUSE is not obliged to find any specific client nor has any responsibility for the lack of payment by the tenant, a situation that may be claimed by THE OWNER to the insurance company that has been contracted for this purpose. The obligations and limitation of liability contained herein shall be understood to be complemented and specially agreed upon in the contract by means of which the service has been agreed upon.
3.2 Brokerage management in the sale or lease of real estate: COOLHOUSE undertakes in its capacity as a broker to carry out all the steps within its reach, this constituting obligations of means and not of result in order that the properties that are consigned, without exclusivity, are satisfactorily leased or sold. In order to execute the aforementioned mandate, the owner authorizes the publication of the property, as well as authorizes the entry of the COOLHOUSE representative together with the prospective client. The owner hereby waives any legal action against COOLHOUSE, its representatives or workers for any fact or act that may be committed on the occasion of the authorization of entry to the property of the owner, likewise states that it is obliged to hold harmless COOLHOUSE its representatives or workers for any act committed in any kind of fault on the property of the owner. The OWNER agrees and undertakes to pay COOLHOUSE the following amounts.
3.2.1 Lease brokerage commission: For residential leases, the first lease fee plus the value corresponding to the added tax (VAT) agreed in the lease contract will be charged. In leases of less than 6 months, 7.5% of the monthly fee will be charged for the number of months agreed in the lease contract; in leases of more than 6 months, 50% of the first lease fee will be charged; and in leases of more than 24 months, COOLHOUSE will charge 2% monthly + 2.5% of the lease insurance. All commissions will be subject to value added tax (VAT). The commission will be paid at the moment the client pays the first lease fee, in case it is 2 commissions it can be paid in the first 2 months. THE PROPETOR accepts that the value of the commission does not include: Fees for the study of titles, nor brokerage expenses such as obtaining documents (Certificates of freedom and tradition, peace and salvos of the IDU and other documents), cancellation of mortgages, diligences before the land registry, payment of public services or administration fees, etc.
3.2.2 Commission for sale of the property: One point five percent (1.5%) on the price fixed in the promise of sale of the property, in the case of a property located in an urban area, and two point five percent (2.5%) %) on the price fixed in the promise of sale of the property, in the case of a property located in rural areas. In both cases, the percentage plus the value corresponding to the added tax (VAT) must be counted. This amount will be paid percentage by percentage as the corresponding disbursements of the sale are made, and must be paid in full at the signing of the deed. In case of delay in the payment of said commissions, I will pay default interest at the maximum rate allowed, on the unpaid balances of the debt. THE OWNER accepts that the value of the commission does not include: Fees for the study of titles, nor brokerage expenses such as obtaining documents (Certificates of freedom and tradition, peace and salvos of the IDU and other documents), canceling mortgages, procedures before the land registry, payment of public services or administration fees, etc.
4. Unconditional acceptance: By entering the website or any other platform owned by COOLHOUSE, the USER/OWNER, accepts without limitation these terms and conditions, so that if you do not agree with these, you should refrain from accessing any of the COOLHOUSE platforms. Personal data processing policy: The information, purposes and authorization of the processing of personal data regarding the data provided by the USER/OWNER shall be governed by the personal data processing policy available at coolhouse.com, the USER/OWNER hereby understands and accepts the data processing policy, as well as authorizes the processing of the information provided.
5. Unilateral suspension of the service provided through the platform: COOLHOUSE reserves the right to suspend, or eliminate the property that it considers unilaterally inconvenient for the PLATFORM.
6. Prohibitions of the USER AND / OR OWNER: By virtue of the acceptance of these terms and conditions the user and / or owner agrees to: – Not to use the photographs or records that he/she understands and accepts are all property of COOLHOUSE with destination to other real estate management platforms or any other use – Not to use the platform with the purpose of committing criminal acts or that may affect the patrimony or good name of COOLHOUSE. – Accept obligations for a third party without having the proper ratified mandate – Reproduce, copy, use, distribute with or without economic benefit any part of the platform or content that is hosted and that is understood to be property of COOLHOUSE – Perform any reverse engineering procedure or that seeks to use the tools or elements of the platform. – Limit your activity once registered on the platform to the services offered, so that you are prohibited from performing any act that affects or may affect other USERS or COOLHOUSE.
7. Disclaimer regarding external content: COOLHOUSE may unilaterally provide on its platforms access to third party content that may be included on websites, mobile applications or any other form of content. The USER/OWNER understands and accepts that this content is the sole responsibility of its owner and therefore exempts COOLHOUSE from any damages that this content may cause. You also acknowledge that external content does not and cannot represent any association between Coolhouse and third parties.
8. Intellectual Property: By virtue of the present terms and conditions it is understood that THE USER/OWNER transfers to COOLHOUSE, in a total manner, for any territory and without limitation, all the patrimonial rights of intellectual property that originate on any type of work that THE USER/OWNER executes or in which THE USER/OWNER participates by virtue of the services that are provided (hereinafter “Product of the Services”) and those that correspond to him/her on any work in which the Product of the Services are incorporated or included, which shall be held and subject to the rules of “Works for Hire” established by the legislation in force in Colombia pursuant to Article 20 of Law 23 of 1982 and, therefore, shall belong in terms of economic exploitation or economic rights in its entirety to COOLHOUSE who may exploit them without limitation for all the time established in the laws on copyright and in any territory. Consequently, COOLHOUSE, in relation to the Product of the Services and any work incorporating the same, may directly or through third parties, make the fixation in any material support, by any form, procedure and technology; make or authorize its translation, and other adaptations or transformations, reproduction, distribution, broadcast, or transmission or retransmission to the public, by any means known, or to be known, by any form, procedure and technology; sell, rent or lease; and in general make any type of exploitation to the extent required for the best economic use of the Product of the Services and any work incorporating them and; pursue before competent courts and judges any unauthorized reproduction or exhibition.
9. Applicable Law: The applicable law for the execution of the services contemplated is understood to be the laws of the Republic of Colombia.
10. Settlement of Disputes: Any controversy or difference relating to this contract shall be settled by an Arbitral Tribunal that shall meet at the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, in accordance with the following rules: The Tribunal shall be composed of: One (1) arbitrator appointed by the parties by mutual agreement. If this is not possible, the arbitrators shall be appointed by the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, at the request of any of the parties. The applicable procedure shall be that of the Rules for National Arbitration of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce.
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