TERMS OF USE

SERVICE PROVIDER AGREEMENT

CONSULTATION SYSTEM

CONTRACTOR: Planos Procob
PROCOB PROTECTION TO CREDIT SA
Address: R Jaguariaiva nº 596
Neighborhood: Alphaville Graciosa
ZIP Code: 83.327-076
City: Pinhais
State: PR
CNPJ/MF: 06.116.543/0001-55
State Registration: exempt
Municipal Registration: 010304689604

CONTRACTOR: Client identified on the website

They decide to enter into this service agreement, which will be governed according to the following clauses and conditions:

I – OBJECT

REGARDING CONSULTATIONS

1st — The CONTRACTOR will make available to the CONTRACTOR service for registration information from secure and publicly known sources, not privileged, as listed on the products page of the website.

REGARDING NEGATIVE INFORMATION

2nd — The CONTRACTOR will provide the CONTRACTOR, through the website, the possibility to enter into the SERASA EXPERIAN database records of overdue and unpaid debts or titles of natural or legal persons.

II – PRICE

3rd – For the information or negative information services provided by the CONTRACTOR, regardless of the credit purchase date, the amount stated on the website, valid on the day of access, will be charged, which will be immediately deducted from the existing balance in the CONTRACTOR’s account.

Sole Paragraph: If the balance is insufficient, the request for consultation or negative information will not be completed.

III – PAYMENT METHOD

4th – For the purchase of credits for system use, the CONTRACTOR may use the methods listed on the website, namely, through bank slip, credit cards, and others. In order to ensure mutual security for the CONTRACTOR and the CONTRACTOR, the credit verification will be subject to prior credit analysis, and proof of credit card ownership may be requested, as well as documents proving that the registered person is the legal representative of the company and basic registration details (copy of CPF and/or CNPJ document, proof of address, and the like).

IV – DEADLINE

5th – The acquired credit will be valid for 90 (ninety) days, without the right to a refund, but may be supplemented, restarting the 90-day period from the date of the last purchase.

6th – This contract is concluded for an indefinite period; however, if the CONTRACTOR has a technical need to suspend the website for a period exceeding 30 (thirty) days, the CONTRACTOR may request a refund of the existing credits.

V – COMMERCIAL REQUIREMENTS

7th – The CONTRACTOR hereby declares that they are not a part of SERASA EXPERIAN’s client portfolio, further declaring that they will not directly contract the services from SERASA EXPERIAN while linked to this contract.

8th — The offer of the CONTRACTOR’s services is aimed at natural and legal persons who observe, under penalty of immediate cancellation of this contract, the following:

  1. The CONTRACTOR is prohibited from commercializing SERASA EXPERIAN PRODUCTS to federal, state, and municipal public bodies, autarchies, companies and/or entities that provide information, database, collection, legal, accounting, private investigation, human resources, and similar services, foundations and religious associations, professional organizations, unions, and associations. The CONTRACTOR is aware that by fitting into any of the listed activities above, they will be subject, if the CONTRACTOR is convicted of paying indemnity and/or administrative and/or judicial penalties due to the non-compliance with the obligations established in this contract by the CONTRACTOR, to jointly and/or subsidiarily reimburse the CONTRACTOR in the very process that generates the debt and/or in an independent process, in the amount of the effectively paid conviction, plus costs, procedural expenses, attorney fees, among other expenses, plus monetary correction and interest of 2% (two percent) per month pro rata die, plus a fine of 20% (twenty percent), counted from the disbursement date until the effective payment date.

First Paragraph: Natural persons are limited to the use of the consultations named on the website as ‘MeProteja.’

Second Paragraph: The negative information service is available only for legal entities.

9th – The values stipulated in clause 8, items ‘a’ and ‘b,’ may be subject to adjustments according to the internal policy of the CONTRACTOR, adopted to limit the distribution of consultations.

10th – The explicit mention of SERASA EXPERIAN’s commercial name is strictly prohibited.

11th – The CONTRACTOR expressly declares authorization for the disclosure to third parties and hereby assumes civil and criminal responsibility for the accuracy and truthfulness of the restrictive information that will be sent and entered into the database, granting powers to the CONTRACTOR to represent them with SERASA EXPERIAN.

First Paragraph: The CONTRACTOR undertakes to maintain, for a period of 5 (five) years after the termination of this contract, the instruments referred to in the heading of this clause.

Second Paragraph: The CONTRACTOR will strictly observe the integrity of the information provided, and it is also their responsibility to promptly command the removal of settled debts or those whose owners, for any reason, should not be listed in the database.

Third Paragraph: The CONTRACTOR undertakes to provide the current and complete address of the DEBTORS.

Fourth Paragraph: SERASA EXPERIAN will send correspondence to all DEBTORS, natural or legal persons indicated by the CONTRACTOR, informing them of the request for the inclusion of their financial pending responsibility in the database.

  1. The negative information will be included in the database after 20 (twenty) business days – on average – from the formal request made by the CONTRACTOR.a) The insertion of data with material errors is not subject to correction; it requires deletion and reinsertion to rectify any errors, with a new charge.
    b) Deletion is free and must be immediately and mandatorily requested for records whose owners, for any reason, should no longer be in the database, and the CONTRACTOR will be civilly and criminally responsible for any delays.
    c) The CONTRACTOR is responsible for the integrity of the data received from the CONTRACTOR but not for its truthfulness, updating, and/or accuracy of the information included and/or excluded in the database, whose responsibility lies entirely with the CONTRACTOR.
    d) The negative information will be removed from the database within 5 (five) business days after the CONTRACTOR’s request.

Fifth Paragraph: The CONTRACTOR undertakes to directly provide SERASA EXPERIAN with documentary evidence of debts, whenever requested, within a maximum period of 48 (forty-eight) hours from the request, or provide such documents to the CONTRACTOR within 24 (twenty-four) hours so that, within the following 24 (twenty-four) hours, the CONTRACTOR provides them to SERASA EXPERIAN.

Sixth Paragraph: Communication will be deemed to have occurred with the request sent to the email registered by the CONTRACTOR.

Seventh Paragraph: The CONTRACTOR is responsible for the existence and accuracy of the debts reported by them to the CONTRACTOR for inclusion in SERASA EXPERIAN’s database and will be fully liable civilly and criminally for any losses and damages suffered by the CONTRACTOR, DEBTORS, and/or any third parties resulting from the submission of erroneous, inaccurate, or outdated data, including regarding the address for sending communication as mentioned in the second paragraph of Article 43 of the Consumer Protection Code.

a) Without prejudice to the liability, whether due to negligence or willful misconduct of the CONTRACTOR, provided in the seventh paragraph, if the CONTRACTOR is convicted of paying compensation and/or administrative and/or judicial penalties in a joint and/or subsidiary manner due to non-compliance with the obligations established in this contract, the CONTRACTOR shall be obliged to reimburse the CONTRACTOR regressively in the same process that originated the debt and/or in an autonomous process, in the amount of the conviction effectively paid, plus costs, procedural expenses, attorney fees, among other expenses, plus monetary correction and interest of 2% (two percent) per month pro rata die, plus a fine of 20% (twenty percent), counted from the disbursement date until the effective payment date.

VI – TECHNICAL REQUIREMENTS

12th – The CONTRACTOR must access and send information to the CONTRACTOR through their own resources, terminals, communication lines, modems, etc., using the exclusive code and password provided by the CONTRACTOR through automated means, via computer-to-computer connection.

First Paragraph: The acquisition of terminals and communication lines, as well as other related expenses, will be borne by the CONTRACTOR.

Second Paragraph: The CONTRACTOR is responsible for safeguarding their password and will not pass it on to third parties. The password may be replaced by the CONTRACTOR at any time or through the website by the CONTRACTOR.

VII – RESPONSIBILITIES OF THE PARTIES

13th – The CONTRACTOR is not responsible under any circumstances for risks or damages caused by fraud or default, regardless of the outcome of the consultations, since the CONTRACTOR is fully aware that they are solely responsible for the final decision to grant credit to third parties.

Sole Paragraph: The CONTRACTOR is responsible for the integrity of the information provided, as received from its sources, and is not responsible for its accuracy, correctness, or update date.

14th – It is prohibited for the CONTRACTOR, under penalty of access cancellation and bearing losses and damages:

a) To disclose to third parties, under no circumstances and in any form, the information obtained in the consultations, being obliged to maintain confidentiality regarding the existence and content of the accessed information.

b) To allow unauthorized individuals to operate the system related to obtaining and using information provided by the CONTRACTOR.

c) To store, disclose, and/or reproduce any screen with data owned by the CONTRACTOR’s sources and/or affiliates, either in whole or in part.

d) To use information services to obtain information from natural or legal persons for any purpose other than exclusively providing credit analysis and conducting business.

e) To establish an agreement to pass on information obtained in the execution of this contract.

f) To use the information obtained from the execution of this instrument to coerce or intimidate, in any manner whatsoever, natural or legal persons.

g)To commercialize and/or resell any information obtained from the CONTRACTOR.

15th – The CONTRACTOR shall indemnify, regressively, the CONTRACTOR and/or third parties, for any and all direct, indirect, incidental, or consequential losses and damages, in any way, administrative or judicial, resulting from their actions or omissions, in violation of the law or their contractual obligations, especially those described in clause 14th, in the amount of the conviction, plus interest of 1% (one percent) per month and a fine of 20% (twenty percent), whose value will be updated from the disbursement date, by the CONTRACTOR, until the effective payment date, by the CONTRACTOR, plus monetary correction based on the legal indices verified during the respective period.

16th – The CONTRACTOR undertakes to base its relationship with its clients on ethical and moral principles in its commercial relations.

VIII – CONFIDENTIALITY

17th – The parties undertake to maintain confidentiality about all commercial or technical information, as well as related documentation, in any form, provided by one party to the other, regarding the fulfillment of this contract, including information about users of consultation and negative information services, and not to disclose such information, under any pretext, except when requested by competent government agencies and the Judiciary.

Sole Paragraph: The parties undertake to obtain from third parties, who by legal provision must know and receive information from this contract or part of it, the commitment to maintain confidentiality and restrict the use of such information.

IX – NON-BINDING AGREEMENT

18th – This contract does not create any corporate, associative, representative, agency, consortium, or similar bond between the parties, each bearing its respective obligations.

X – GENERAL PROVISION

19th – The parties expressly declare the accuracy of the registration details inserted for the conclusion of the contract, undertaking to communicate any change of physical address, email, phone number, etc., under penalty of being considered valid and duly received the document sent to the information provided in the formalized registrations.

XI – JURISDICTION

20th – The forum of the city and district of PINHAIS – State of Paraná, is elected to resolve any doubts arising from this contract, waiving any other, no matter how privileged.

Thus, being fairly and contractually agreed upon, the parties accept this instrument.