By the present instrument of contract, on the one hand CPF.CNPJherein represented by ALAS TECNOLOGIA LTDA, registered with the CNPJ under no. 27.272.134/0001-18, with headquarters at Rua Francisco Versiani Athaide, 389 - Cândida Câmara, in the city of Montes Claros (MG), CEP 39401-039, hereinafter referred to as CONTRACTORenters into a private contract with CONTRACTORhaving its registration ACCEPTED ELECTRONICALLY on the site (www.cpfcnpj.com.br) and which will be governed according to the following clauses and conditions:
1 - OBJECT
The object of the present contract is the provision, by the CONTRACTOR to the CONTRACTOR, of consultations to the cadastral synthesis of CPFs and/or CNPJs, through the electronic site (www.cpfcnpj.com.br), as disposed in the attachment(s) specified in clause 1.1, which are integral parts of this contract.
This contract also includes the Data Protection Policy (https://www.cpfcnpj.com.br/CPF.CNPJ - Data Protection Policy.pdf), in accordance with the provisions of Law 13,709/2018 - General Law of Data Protection (LGPD).
1.1 - OF THE PACKAGES OFFERED
a) Attachment 01: "CPF Package": allows the return of the cadastral synthesis by consulting the CPF, in accordance with the value and types of data to be returned from the package made available on the website www.cpfcnpj.com.br;
b) Attachment 02: "CNPJ Package": allows the return of the cadastral synthesis by consulting the CNPJ, in accordance with the value and types of data to be returned from the package made available on the website www.cpfcnpj.com.br;
2 - THE PROVISION OF SERVICES
2.1 - A CONTRACTOR will make available to CONTRACTOR service of registration information from official secure sources in the public domain, not privileged and/or sensitive or under secrecy by judicial determination, as provided in the attachment(s) specified in clause 1.1 and in the Data Protection Policy, which are integral parts of this contract.
2.2 - A CONTRACTOR informs that it has no database of its own, using third-party databases, incorporated in whole or in part to the services offered to the market, by automated searches, not storing, therefore, personal or registration data consulted by CONTRACTORS.
2.3 - A CONTRACTOR is responsible for the integrity of the information it provides, including that which it receives from its sources, not being responsible, however, for the veracity, accuracy or date of updating of the data obtained, and must observe clause 2.4 of this contract.
2.4 - O CONTRACTOR is hereby informed that if there is any change in the information of a certain CPF/CNPJ in the official database of the Receita Federal do Brasil, such information can take up to 48 hours to be propagated in the servers of the CONTRACTOR and, consequently, in its system.
2.5 - A CONTRACTOR expressly informs that it is unable to manipulate any information in third party databases, that is, to insert, alter, delete, or even block access to any information in third party databases.
2.6 - Although CONTRACTOR If you reproduce/transmit your data to the CONTRACTOR, the CONTRACTOR is solely responsible for the processing of the personal data transmitted, and therefore the CONTRACTOR is the data controller, in accordance with the LGPD.
2.7 - O CONTRACTOR undertakes to use the owners' data in accordance with the good practices and security provided for in the General Law of Data Protection, under penalty of being held exclusively liable for any damage (pecuniary, moral, individual or collective) resulting from its practice (malicious or culpable), and must prepare, preferably, its data mapping and keep a record of the processing operations of personal data that it performs, under the terms of art. 37 of the LGDP.
2.8 - A CONTRACTOR will not be responsible for any instabilities arising from its suppliers. The stability status of the service can be consulted at status.cpfcnpj.com.br.
2.9 - A CONTRACTOR makes available a service channel to its clients, third parties and users in general via e-mail [email protected]which should be used for support, financial, complaints, suggestions, doubts and information in general, as well as providing the CONTRACTOR, the data owners and the National Data Protection Authority (ANPD) with the communication with the company's Officer in Charge (DPO), via e-mail [email protected].
2.9.1 - O CONTRACTORIf the system is unavailable, you may, at any time, request support from CONTRACTORin the service channel mentioned in clause 2.9 of this contract.
2.10 - The CONTRACTED PARTY, because it operates using, in whole or in part, information from its data suppliers, is responsible for guaranteeing the availability of the system for the minimum contracted period, with an uptime of 96%, that is, the margin of time that the system will be functioning and performing computational activities uninterruptedly, being the CONTRACTOR terminate this contract without charge in case of lower uptime.
2.10.1 - Locaweb, in the event that Locaweb is unable to provide Customer Support, may, at any time, request support from Locaweb through the support channel described in clause 2.9 of this Agreement.
You agree that Locaweb may use Locaweb's Locaweb Services to provide the Locaweb Services to you, at Locaweb's sole discretion, in Locaweb's sole discretion and without liability to you.
2.11.1 - The SERVICE PROVIDER is forbidden to change the size, font, color or any characteristic of the logo of the CONTRACTING PARTY.
3 - COMMERCIALIZATION AND PAYMENT
3.1 - A CONTRACTOR makes the services available to CONTRACTOR through a prepaid payment system, and the acquisition of credits must be made through the payment methods available on the site (www.cpfcnpj.com.br) at the moment of contracting.
3.2 - The values of the services will be previously arranged in the annexes of the contracted packages, which are integral parts of this contract. CONTRACTOR The act of contracting any of the services presupposes full knowledge of this contract and express agreement with the practiced values.
3.3 - The eventual readjustments of the values contained in the annexes are of mere liberality and criteria of the CONTRACTORwhich will not apply to credits already contracted.
3.4 - For the first purchase of credits it is necessary to register on the site, choose the desired package in the control panel, payment method and electronically accept the conditions of this contract and its annexes. When using for the first time it will be necessary to complete the registration.
3.5 - Regardless of the service to be used by the CONTRACTORThere will be a minimum package to be acquired with each purchase, which is present in the site (www.cpfcnpj.com.br) and that can be altered at any moment and without previous notice, being up to the CONTRACTOR to verify the eventual readjustment of the prices.
3.6 - Once the credit has been purchased, not used for checks, and the legal term of 7 (seven) days for repentance has elapsed, as provided in art. 49 of Law 8.078/90 (Consumer Defense Code), there will be no right to reimbursement, even if partial.
3.7 - The credits purchased are non-extendable for 1 (one) year from the day of purchase, so that unused credits during this period will automatically expire. The eventual acquisition of new credits, within the aforementioned period, is valid for them from the day of purchase, and does not interfere with the expiration validity of previously purchased credits, i.e. the purchase of new credits, even within the period of 01 (one) year, does not extend the validity of those that will expire.
3.8 - The invoices for the contracted service will be sent by CONTRACTOR automatically only after confirmation of payment or until the last day of the month. Duplicate copies can be obtained from the control panel, menu "Financial > Invoices" or requested through the service channel provided in clause 2.9.
3.9 - A CONTRACTOR reserves the right to block access to the CONTRACTOR to the system if there is a DISPUTE with the companies responsible for managing the payments of the CONTRACTORuntil the case is resolved in accordance with the opinion of the open dispute.
3.10 - Under no circumstances will payments be made directly to representatives or third parties, under penalty of the CONTRACTOR bear the losses of eventual default.
3.11 - The contestation about eventual inaccuracies/differences in the invoice amount, including the incidence or not of taxes, can only be questioned after the payment confirmation, so that, after the analysis of the case by the SERVICE PROVIDER, and if the divergence is verified, eventual reimbursements to CONTRACTOR will be duly fulfilled or compensated in the next invoice.
4 - THE USE OF THE SYSTEM
4.1 - All information obtained from the site (www.cpfcnpj.com.br) is for the exclusive use of CONTRACTOR for use only for the purposes described in the attachments, whereby use by another person or for a purpose other than that agreed upon, as well as in disagreement with the good practices established by LGPD, in which the CONTRACTOR is subjected, may characterize an illicit act, subject to the responsibilities foreseen in the law, as well as make eventual evidence useless for any process.
4.2 - O CONTRACTORhereby undertakes to guide its relationship with its customers based on ethical and moral principles in its commercial relations and the like, as well as to safeguard itself from the good practices and security established in the LGPD, being CONTRACTOR is exempt from any liability (civil, administrative or criminal) for the improper use of the contracted information, and CONTRACTOR use a regressive action in virtue of eventual damages resulting exclusively from acts or omissions of the CONTRACTOR, provided that such damages are duly proven.
4.3 - O CONTRACTOR must adopt technical and administrative security measures to protect personal data from unauthorized access and accidental or unlawful destruction, loss, alteration, communication, or any form of inappropriate or unlawful processing.
4.4 - O CONTRACTOR should communicate to CONTRACTOR and to the national data protection authority, when requested, and even to the data subject the occurrence of a security incident that may result in relevant risk or damage to the data subjects, such communication to be made within a reasonable period of time for security, safeguard and/or remediation measures to be adopted.
4.5 - A CONTRACTOR may block the registration and access to the services offered to the CONTRACTOR at any time due to registration divergence (data informed diverging from the official agencies), default on payments of credits purchased on the site (www.cpfcnpj.com.br), judicial requests, or, still, due to the verification of use diverging from the purpose of the object of this contract and its attachments.
4.5.1 - O CONTRACTOR may have its registration and access released after regularization of its registration, at the discretion of CONTRACTOR.
4.6 - In case of judicial or National Data Protection Agency (ANPD) requests, or, also, for the detection of use diverging from the purpose of the object of this contract and its annexes, the blocking of the system may occur regardless of prior notice, followed by notification for regularization.
4.7 - The improper use of the services of CONTRACTOR by the CONTRACTOR, that may harm the performance or that goes against the criteria and dispositions established in this contract, be it in payment frauds, use of malicious scripts or random consultations of CPF's and CNPJ's, will result in the immediate suspension of the service without refunds and prior notice, since it is proven, in an unequivocal way, the improper use of the services by the CONTRACTOR, as well as the damage caused.
4.8 - A CONTRACTOR will register the IPs of CONTRACTOR or the server used to connect to the system, as well as the date and time of the access(s) and query(s).
5 - DATA PRIVACY TERMS
5.1 - In accordance with Law 12.965/14 - "Marco Civil da Internet" and Law 13.709/18 - General Law of Data Protection, the holder of personal data, whether an individual or legal entity, who feels harmed by the exposure of such information, except in the cases provided for in clauses 2.1 and 2.2 - given that the data is easily accessible / public access on the World Wide Web - may request the blocking of consultation of their information in the CONTRACTOR by means of proof of ownership of the respective CPF or CNPJ and by a substantiated exposition of the reasons through the e-mail address informed in clause 2.9, in the form provided for this purpose.
5.2 - The owner of the personal data has the right to obtain from the CONTRACTING PARTY, in relation to the owner's data processed by him/her, at any time and upon request: I - confirmation of the existence of processing of his/her data; II - access to data; III - correction of incomplete, inaccurate or outdated data; IV - anonymization, blocking or elimination of unnecessary, excessive data or data processed in disagreement with the provisions of the LGPD; V - information from public and private entities with which the CONTRACTOR carried out shared use of data; VI - information about the possibility of not providing consent and the consequences of the refusal; VII - other information provided for in Law.
5.3 - The proof of ownership of the CPF/CNPJ will be made through a specific form, available on the site of the CONTRACTED one, and will be done through the verification of identification documents with photo and signature, in case of natural person; in case of legal entity, through the constitutive acts of the company and personal documents of the requesting partner(s), so that in both cases, the requesters must sign the identification form, scan it and send it to the e-mail address of the CONTRACTED one, informed in clause 2.9 of this contract
5.4 - Once the applicant's ownership is confirmed, along with a justified statement of reasons, the CONTRACTOR reserves the right to block queries to the data of that request, being the CONTRACTOR notified, prior to the blocking and in writing, of the request that will cause the blocking.
5.5 - A CONTRACTOR will judicially make available all the necessary information from the CONTRACTOR to CPF and CNPJ holders who feel harmed by such acts, if formally requested, as set forth in clause 5.1 and 5.3.
You agree that Locaweb may at any time request, through the Customer Service Channel described in Clause 2.9, reports from customers of the Locaweb Services as long as the identity of the requester and the reason for the request are substantiated, in accordance with Clauses 5.1 and 5.3.
6 - THE VALIDITY OF THE CONTRACT
This contract is concluded for an indefinite term.
7 - THE RESCISSION
7.1 - The parties may rescind the present contract at any time, not releasing them, however, from the responsibilities assumed during the validity of this contract.
7.2 - The contract will be immediately terminated by CONTRACTOR when the CONTRACTOR does not comply with any of the clauses that comprise this instrument.
7.2 - In case CONTRACTOR has the need to interrupt the services for a period longer than 30 (thirty) days, this contract will be automatically suspended, and the CONTRACTOR request its cancellation and the refund of unused credits.
7.3 - In the event of termination by the CONTRACTORwithout the CONTRACTOR has given just cause for termination, in the events foreseen in this contract, especially in clauses 10.3 and following, the CONTRACTOR reimburse the CONTRACTOR of the credits acquired within 120 days after termination.
8 - COMMERCIAL REQUIREMENTS
8.1 - The offer of the services of CONTRACTOR is destined to individuals and/or legal entities as specified in the service annexes, being forbidden, under penalty of immediate termination of this contract, to financial institutions, federal, state or municipal public agencies, autarchies or companies and entities that provide information, collection, and similar services.
8.2 - It is expressly forbidden to CONTRACTOR the mention of the trade name of the CONTRACTOR and the CPF.CNPJ in their commercial and related relations.
9 - TECHNICAL REQUIREMENTS
9.1 - O CONTRACTOR should access and send the information to CONTRACTOR by means of its own resources, terminals, communication lines, modem, etc., using the unique code and password supplied by CONTRACTOR by automated means, via a computer-to-computer connection.
9.2 - The acquisition of the terminals, the communication line and other expenses will be paid for by CONTRACTOR.
9.3 - The integration of the CONTRACTOR is the sole responsibility of the CONTRACTOR based on the technical documentation provided in the CONTRACTOR.
9.3.1 - The commercialized API consists of a set of programming standards that allows the construction of applications and their use for communication and information exchange between the servers of CONTRACTOR and CONTRACTOR.
10 - THE RESPONSIBILITIES OF THE CONTRACTOR
10.1 - O CONTRACTOR is responsible for the safeguarding of its master password and/or additional passwords, undertaking not to pass them on to third parties, and passwords may be replaced at any time upon request.
10.2 - O CONTRACTOR is responsible for possible viruses, malicious and/or pirated software installed on your computer that could possibly steal, in any way, your master password and/or additional passwords.
10.3 - It is forbidden to CONTRACTORunder liability for damages and immediate termination of this contract:
a) Disclose to third parties the information obtained through the services provided by CONTRACTORunder no circumstances and in no form whatsoever;
b) Allow people not committed to confidentiality to operate the system to obtain and/or use information made available by CONTRACTOR;
c) Store, disseminate and/or reproduce any screen with proprietary data from the sources of CONTRACTOR and/or affiliates, either totally or partially;
d) Use the services to obtain information from individuals and/or companies with a purpose different from the one described in the attachments to this contract;
e) Establish transfer agreement, commercialize and/or resell any information obtained from CONTRACTOR;
f) Use any information obtained through the CONTRACTOR to embarrass or coerce another, in any manner or circumstance.
10.4 - O CONTRACTOR shall indemnify, on a regressive basis, the CONTRACTOR and/or injured third parties, for any and all losses, direct, indirect, incidental damages or other consequences arising from its acts or omissions, in violation of the law or of its contractual obligations, especially those described in clause 10.3, in the amount of the conviction effectively paid, plus costs, procedural expenses and attorney's fees among other amounts expended, duly monetarily adjusted, in addition to interest of one percent (1%) per month, pro rata die, plus a fine of twenty percent (20%), counted from the date of disbursement until the date of effective payment.
10.5 - It is up to the CONTRACTOR consult the Cadastro de Prestadores de Outros Municípios (CPOM) of its locality about the need to withhold the ISSQN, as well as inform CONTRACTOR about the need or not of registering with CPOM, in order to regularize eventual controversies about the aforementioned tax, under penalty of CONTRACTOR be fully responsible for any penalties, tax or otherwise, related to the eventual non-compliance with the pertinent legislation.
11 - CONFIDENTIALITY
11.1 - The parties undertake to keep confidential all commercial, technical and related information, as well as the related documentation, in any way supplied by one party to the other, referring to the fulfillment of the present contract, including that relating to the holders of passwords for the services provided, and not to reveal such information, under any pretext, except when requested by the competent bodies.
11.2 - The parties undertake to obtain from third parties (partners, employees, representatives, etc.) the commitment to maintain confidentiality and make restricted use of the services provided that must, by legal provision, know and receive information arising from this contract or part of it, under penalty of immediate termination of this contract.
12 - NON-BINDING
The present contract does not create any corporate, associative, representation, consortium agency or similar relationship between the parties, each of them bearing its respective obligations.
13 - GENERAL PROVISIONS
13.1 - O CONTRACTOR declares, under the penalties of law, that the information spontaneously provided in the execution of this contract is true, notwithstanding the fact that it is reserved to CONTRACTOR the right, in case of registration divergence or suspicion of inaccuracy of the information, to block the CONTRACTOR to the system, until the problem is effectively resolved.
13.2 - Eventual changes to this contract will be announced and made available on the site (www.cpfcnpj.com.br) for analysis of acceptance or return of the unexpired balance.
13.3 - It is the obligation of CONTRACTOR inform the CONTRACTOR any changes to your data that may influence the use of the services.
13.4 - A CONTRACTOR provides customer service to CONTRACTOR through a form or e-mail made available on the site (www.cpfcnpj.com.br) on working days, from Monday to Friday, from 9 AM to 5 PM, based on the official time in Brasília.
13.5 - O CONTRACTOR hereby declares that it is fully aware of all the general conditions of the CONTRACTOR to which you now adhere.
14 - THE FORUM
The courts of the city and county of Montes Claros, State of Minas Gerais, are hereby elected to settle any doubt arising from this contract, renouncing any other, however privileged it may be.
Thus, because they are fair and CONTRACTORs, the parties agree to abide by the present instrument.
ANNEX 01 - CPF PACKAGE
1 - THE TARGET AUDIENCE
1.1 - Check available for individuals and legal entities with active CPF and CNPJ at the BRAZIL FEDERAL REVENUE.
2 - THE SOURCE OF THE DATA
2.1 - The check uses the "database" of third parties and does not store information on its website, according to Law 12,965/14 - "Marco Civil da Internet
3 - FOR CHECKS
3.1 - From the time of supply by CONTRACTOR of a CPF number, data will be returned via API according to the contracted package.
3.2 - The information resulting from this check covers the Brazilian territory.
3.3 - Some resources and/or information may only be available to clients who hire the specific CPF PACKAGE for the information they want.
4 - THE VALUES
4.1 - The cost for each query in which the data mentioned in clause 3.1 are returned in full is available at the SERVICE PROVIDER's web site.
4.2 - O CONTRACTOR will pay for each query made, even if the query to a certain CPF/CNPJ is repeated, so that regardless of the date and time of the query made, it will be charged for that query made.
5 - THE RESPONSIBILITY
5.1 - A CONTRACTOR is not responsible, under any hypothesis, for risks and/or losses caused by fraud or default, regardless of the result of this consultation, since the CONTRACTOR is fully aware that he/she is the only one responsible for the final decision to grant or not to grant credit to third parties.
ANNEX 02 - CNPJ PACKAGE
1 - THE TARGET AUDIENCE
1.1 - Check available for individuals and legal entities with active CPF and CNPJ at the BRAZIL FEDERAL REVENUE.
2 - THE SOURCE OF THE DATA
2.1 - The check uses the "database" of third parties and does not store information on its website, according to Law 12,965/14 - "Marco Civil da Internet
3 - FOR CHECKS
3.1 - From the time of supply by CONTRACTOR of a CPF number, data will be returned via API according to the contracted package.
3.2 - The information resulting from this check covers the Brazilian territory.
3.3 - Some resources and/or information may only be available to clients who hire the specific CPF PACKAGE for the information they want.
4 - THE VALUES
4.1 - The cost for each query in which the data mentioned in clause 3.1 are returned in full is available at the SERVICE PROVIDER's web site.
4.2 - O CONTRACTOR will pay for each query made, even if the query to a certain CPF/CNPJ is repeated, so that regardless of the date and time of the query made, it will be charged for that query made.
5 - THE RESPONSIBILITY
5.1 - A CONTRACTOR is not responsible, under any hypothesis, for risks and/or losses caused by fraud or default, regardless of the result of this consultation, since the CONTRACTOR is fully aware that he/she is the only one responsible for the final decision to grant or not to grant credit to third parties.
GENERAL CONDITIONS
1. Acceptance of Conditions
By accessing and using this website, you accept and agree to be bound by our Terms of Use. If you do not agree to these Conditions, please do not use this website.
2. Information on Who Can Use the Platform
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3. Contact Information
For any questions or concerns regarding this website, please contact us at [email protected] or by phone (31) 4042-1005.
4. Jurisdiction clause
These Conditions are governed by the laws of Brazil. Any dispute or claim relating to these Conditions will be resolved in the courts of Montes Claros - Minas Gerais.
5. Registration Requirements
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6. Termination clause
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7. Intellectual Property
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8. Exemption from Guarantees
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