1. Scope (B2B) and acceptance
These General Terms & Conditions (“T&C”) govern the contractual relationship between MarkenGroup S.A.S. (“MarkenGroup”) and its business customers (“Customer”). They apply exclusively to B2B relationships. By ordering, using our services, or accepting an offer/proposal, the Customer confirms it acts as a business/organization and has sufficient authority to bind the entity.
We do not offer services to consumers (B2C). If an individual contracts on behalf of a company, they confirm they are duly authorized.
2. Services and delivery models
MarkenGroup provides marketing and advertising services, strategic/business consulting, automation, analytics/tracking, software development and SaaS solutions, as well as recruiting/talent services and any other services agreed individually.
- Projects (scope/deliverables defined in the offer).
- Monthly retainers (recurring services as agreed).
- SaaS subscriptions (e.g., trackmailer.io, trackany.click, AI Studio).
- Individual/hybrid agreements (e.g., rental or rent-to-own where applicable).
3. Contract formation
- A written offer in our proposal portal or by email defines scope, price, currency, timeline, milestones and special terms.
- The contract is formed by written acceptance by email or through our proposal portal and, where provided, electronic signature.
- In case of conflict, the following order of precedence applies: (1) the specific offer/order, (2) individual agreements/appendices, (3) these T&C.
4. Pricing, taxes (IVA) and electronic invoicing
Prices are net unless the offer states otherwise. For Customers established in Colombia, applicable IVA/taxes will be added where required.
For Customers located abroad, and where the transaction qualifies as an export of services, the service may be IVA-exempt under Colombian tax rules, subject to legal requirements and supporting documentation.
Invoicing is digital. MarkenGroup issues electronic invoices in accordance with applicable DIAN requirements. Paper invoices are not issued, except where exceptionally required by law.
5. Governing currency and conversion
The Colombian peso (COP) is always the governing contractual and billing currency. Amounts shown in EUR, CHF, GBP, USD or other currencies are non-binding guidance only unless the written offer expressly provides for different billing.
Conversions use a reasonable reference rate on the invoice or payment date. A difference between a displayed foreign-currency conversion and the amount actually due in COP does not create a right to retain the displayed foreign-currency value.
The amount stated in COP in the written offer, proposal portal or invoice remains decisive.
6. Payment, late payment and suspension
- The amount, due date and payment schedule are determined by the written offer or individual agreement.
- Payments are made through our online or proposal portal or by bank transfer to the account specified by MarkenGroup.
- MarkenGroup may require prepayment (full or partial) before starting or continuing work.
- Installments, rental or rent-to-own apply only if explicitly agreed in the offer/individual agreement.
- If payment is not made, MarkenGroup may suspend services, disable access or products and, where technically, legally and practically possible, reclaim products, devices, access rights or deliverables that have not been paid in full, without waiving the Customer’s payment obligations.
- From the time a payment becomes overdue, MarkenGroup may charge default interest up to the maximum rate permitted under Article 884 of the Colombian Commercial Code (Código de Comercio). The applicable rate is the maximum rate certified or derived by the Superintendencia Financiera de Colombia for the relevant period and type of transaction. No additional flat late-payment penalty is charged.
- No late-payment penalty applies to Cloud Services. However, if payment is missing or late, the affected Cloud Service may be stopped or suspended immediately from the due date without an additional cure period.
7. Customer cooperation duties
- Provide accurate, complete and timely information and inputs.
- Appoint a responsible contact person and decision path.
- Review/approve deliverables within reasonable time.
- Provide necessary access (ad accounts, analytics, CRM, domains, etc.) where applicable.
- Comply with legal and third-party platform rules within the Customer’s business (e.g., ad policies).
8. Confidentiality (NDA) – mutual and indefinite
Both parties must keep confidential any non-public information exchanged in connection with the relationship (including strategies, pricing, processes, technical documentation, client data and know-how) without time limitation.
- Confidentiality does not apply to information that becomes public without breach, or disclosures required by law/authority (with prior notice where feasible).
- The confidentiality obligation survives termination.
- These clauses are compatible with separate NDAs; where both exist, the stricter standard applies.
9. Intellectual property and licensing
Unless agreed otherwise, MarkenGroup retains ownership of pre-existing methods, templates, frameworks, automations, libraries, components and know-how. The Customer receives a limited license for contract purposes.
Customer-specific deliverables (e.g., creatives, configurations, dashboards) are governed by the offer. Tangible products, custom deliverables and transferable usage or ownership rights remain the property of MarkenGroup or subject to reservation of transfer until full payment. Any transfer of rights requires an express written agreement and full payment.
SaaS and other Cloud Services do not transfer ownership of software, source code, infrastructure or the platform. The Customer receives only the time- and scope-limited right of use described in the offer or plan.
10. Liability, exclusions and success guarantee
MarkenGroup does not generally guarantee commercial results (sales, ROAS, leads, rankings, etc.), except where an explicit, detailed and measurable success guarantee is stated in the offer/agreement.
- No liability for outages/changes/decisions by third parties (e.g., Google, Meta, LinkedIn, Cloudflare, hosting providers, banks).
- Marketing and technology depend on external factors (market, competition, budget, Customer’s offer, approval times, available data).
- If a success guarantee exists, its scope, conditions, metrics, timelines, exclusions and remedies are strictly limited to the offer.
11. Term, changes and termination
Term, renewals and termination conditions are defined in the offer/individual agreement. For SaaS, non-payment may lead to suspension/cancellation of access according to the subscribed plan.
12. Subcontractors
MarkenGroup may engage freelancers and/or subcontractors to perform services while remaining responsible for service coordination as agreed.
13. Notices and amendments (email equals writing)
Contractual declarations, acceptances, amendments, approvals and material instructions are binding only when made in writing by email or through our proposal portal. Oral arrangements or messages through other messaging services take effect only after corresponding written confirmation.
14. Governing law and venue
These T&C and all contractual relationships with MarkenGroup are governed by Colombian commercial law and, supplementarily, the other laws of the Republic of Colombia. Exclusive venue for disputes is Medellín, Antioquia, unless mandatory law requires another venue.
15. Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in effect. The affected provision will be interpreted or replaced to best match the original economic and legal intent.