Legal Terms

Legal Terms & Conditions

Effective Date: Jan 01, 2023

Please read these Terms carefully. By using HYEM Technologies services you’re agreeing to these Terms, which will result in a legal agreement between you and HYEM Technologies (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms.

HYEM Technologies (“HYEMTECH,” “we,” or “us”) is a company which offers engineering services, training, consultancy, software & renewable  energy systems (the “Service”) offered through the URL https://hyemtech.com/ (we’ll refer to it as the “Website”) that allows you to display all site content of HYEM Technologies S.A de C.V. . HYEMTECH has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms of Use (“Terms,”) including our Acceptable Use Policy, Copyright and Trademark Policy, define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Site, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order, Purchase Order or other agreement incorporating these Terms of Use, that you have read, understand, and agree to be bound by these Terms of Use, irrespective of whether you are a guest or a registered user of the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE. HYEMTECH ALLOWANCE OF YOUR USE AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

1)      Eligibility

In order to use our services you must:

·        Complete the registration process; Submit a PO or Sign a Contract.

·        Agree to these Terms;

·        Provide true, complete, and up-to-date contact and billing information (for Service owners);

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

2)      Term

When you sign up for the Service and agree to these Terms, the Agreement between you and HYEMTECH is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a HYEMTECH labor relationship or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3)      Validity or Proposals (Quote)

The proposal is valid for the time submitted in the RFQ document from the date of submission. Any changes to the scope or terms and conditions, which Client may desire, needs to be approved in writing by both parties. This proposal overrides all other proposals that may have been submitted to Client at earlier dates.

4)      Billing Basis

Except VAT,HYEMTECH does not include any other governmental taxes which might be applicable and would be charged extra at the time of raising the invoice. In case of delays in project schedule / submission of deliverables due to lack of timely inputs or information or comments from Client and for any reasons beyond the control of HYEMTECH, HYEMTECH shall raise invoices based on the project deliverables submitted to Client.

5)      Payment Terms

HYEMTECH will raise invoice on the Delivery of the Project according milestones defined in the scope of the proyect, also monthly Milestones/consumed hours per Month in case of long terms projects.

 Payment within 30 days from the date of invoice, after this period of time  if the payment has not been registered, a percentage (0.5%) per day will be increased according to the invoice value, Unless there is a negotiation accepted by both parties. 

Note: Payment will be made by via wire transfer only at HYEM Technologies SA de CV bank account, any other payment to different account will not recognized.

6)      Fee

The price/fee includes all standard infrastructure as per Hyemtech’s standards. However any special software/hardware tools required not included in quote document for completion of the project would be charged at an additional cost and is to be mutually agreed prior to commencement of services.

7)      Liability

HYEMTECH assumes liability or responsibility only for corrections requested by Client made as a consequence of errors/omissions/defects made by HYEMTECH in respect of the said projects. All such corrections, rectifications shall be done and provided at no additional cost to Client without hindering the delivery schedule hereby agreed and undertaken.

8)      Personel Non-Hire Agreement

Neither party shall directly or indirectly solicit/hire for employment any of each other’s personnel during the term of this agreement and for a period of 12 months following termination of this agreement. In the case of requiring a team member for a job position, both parties must agree not to affect delivery times in other projects involved and it will be known for both parties this interest before making a job offer.

9)      Project Delays

Client shall provide timely inputs or information or comments to HYEMTECH to meet the delivery schedules as agreed upon during the Project initiation / Kick-off meeting. Any project delays caused due to lack of timely inputs or information or comments required by HYEMTECH shall not be attributable to HYEMTECH. In such situations, necessary modifications shall be made to the future schedule / milestones of the project as per mutual agreement between Client and HYEMTECH and all modifications will be addressed within the framework of Hyemtech’ Scope Change Management Process.

If there are delays on inputs to be given by the Client to HYEMTECH, Hyemtech shall not be responsible for such delays in schedules. If the project is extended beyond the expected schedule as defined and mutually agreed in the Project Initiation / Kick-off meeting, then Hyemtech will be compensated for the remaining work in addition to the agreed WO / PO / Agreement value.

10)   Change Management / Scope Change Procedure

Incorporation of any comments on HYEMTECH’ works as a result of Client review process will be part of HYEMTECH’ scope. However, any changes by Client or by any party directly or indirectly involved in the project are outside the scope of work and will be treated as changes/modifications and billed separately.

The estimate for such changes will be sent to Client for approval before or after HYEMTECH proceeds to incorporate the necessary changes. (Depends of sense or urgency)

For any change of scope of work, HYEMTECH would submit a change order. Please note that every change order will not only affect the cost but also the schedule which has to be negotiated and charged separately as per mutually agreed rates and terms & conditions.

11)   Cancellation

In the event Client cancels work under an authorized Proposal or Work Order for any reason, HYEMTECH shall be compensated for all services performed prior to receipt of written notice from Client of such cancellation. Either party may terminate the agreement / project by 30 days’ notice in writing to the other party given at any time if an event of default in respect of the other party has occurred.

In the event of termination / suspension of work (project hold) for any reason, Client shall pay HYEMTECH for all Services provided up to the effective date of termination / suspension at the rates and terms & conditions specified in the proposal. For any early termination of project: less than 25% of advance (without the completion of minimum notice period for termination) for reasons non-attributable to HYEMTECH, Hyemtech shall be entitled for at least a minimum 50% of the project fee / PO value towards the notice period.

In case of termination / suspension of work (project suspension) for any reason after 75% of approval, the Client will pay HYEMTECH for All Services, at 100% of the quotation.

12) Penalties

In the event that there is a penalty from the client for omissions or errors directly attributable to HYEMTECH, there must be an agreement signed by both parties where the suggested amount for the penalty is accepted.

To validate the discount on the work order, purchase order or invoice already issued, the following information must be available:

1.- Agreement of both parties where the attributable errors previously compared are recognized and accepted.
2.- Quote of the services/reworks entered into the system for validation by HYEMTECH.
3.- Service quality analysis where the incidents and the attributable reason are specified in detail.

Arbitrary discounts will not be accepted without having the appropriate procedure for the penalty, as well as penalties as long as there is a quality rate above 90% effectiveness.

 COPYRIGHT AND TRADEMARKS

The trademarks, logos, and service marks, including but not limited to HYEM Technologies and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the site, are registered and unregistered Trademarks of HYEM Technologies, its affiliates, suppliers or others. Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than HYEM Technologies and, as such, may not be copied without the permission of the holder of the copyright.

The services, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by HYEM Technologies or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of HYEM Technologies or any third party.

Property Rights

You will respect our proprietary rights in the Website and the platform used to provide the Service (“Content”) (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).

You are not allowed to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein

Site Security

You are not allowed to violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorized access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way.

It is strictly prohibited use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment

If the security of the site is at risk from an attempt of these characteristics, HYEMTECH has the right to collaborate and request support from the corresponding authorities.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

Report Abuse…

If you think anyone is violating any of these Terms, please notify us imediately. If you think anyone has posted material that violates any protected marks or copyrights, stolen or uploaded elsewhere (ie…YouTube) or have reason to believe of any other copyright abuse, then you can notify us at: support@hyemtech.com