Políticas de privacidad

Agreement on Instructions for Transmission by Electronic or Digital Media

"CLIENT" hereby authorizes GELDSTUCK S.A. "ESCROW AGENT", to receive instructions and information, referred from now on as "Instructions", by CLIENT, by any electronic or digital mean, known or to be known, such as facsimile, e-mail, certified digital signature, or any other method which, in the future will be authorized, or known by ESCROW AGENT and CLIENT.

CLIENT accepts that transactions requested by any electronic means, are exposed to inherent risks, which CLIENTexpressly accepts and understands. This said, CLIENT understands that current mechanisms used by ESCROW AGENT are safe. CLIENT, therefore, agrees to comply with all the recommendations in this matter offered by ESCROW AGENT.

CLIENT acknowledges and understands that, through the Internet or other electronic means, there are fraud schemes seeking clients to supply private or confidential information (such as, but not limited to their account numbers, account balances, personal data, passwords or access codes). CLIENT assumes the obligation to not disclose any information to unauthorized parties, and CLIENT understands that doing so can cause losses.

The CLIENT acknowledges and agrees that all instructions given by such means, electronic or digital, are subject to the following terms and conditions, which CLIENT declares to know and accept:

1. CLIENT is obligated to keep computer used for communication with ESCROW AGENT, up to date with current anti-virus protection.
2. ESCROW AGENT is not obligated to act in accordance with the instructions received and reserves the right to request original instructions at any time in accordance with its own criteria. ESCROW AGENT may, for security reasons, refrain from executing instructions until personal communication is established with CLIENT, and ESCROW AGENT will not be held liable for any delay on fund transfers.
3. CLIENT assumes absolute responsibility for all the actions that ESCROW AGENT or its correspondents execute, originated from the given instructions that, to ESCROW AGENT's criterion, appear to have been signed, expressed, and instructed by CLIENT, and that ESCROW AGENT has received through electronic means.
4. CLIENT acknowledges and agrees that instructions received by ESCROW AGENT through said means, which copy will be preserved as proof, shall constitute irrevocable evidence of its content and date of reception. ESCROW AGENT, to its own discretion, will evaluate the veracity and origin, and will not be held liable, even if it is subsequently established that such instructions were not extended in this manner.
5. CLIENT herein declares that any action in good faith from ESCROW AGENT, or its correspondents, in relation to the instructions, shall be binding on the CLIENT, without any responsibility or liability for ESCROW AGENT.
6. In any case, CLIENT releases ESCROW AGENT of any and all responsibility and claims for not fulfilling the instructions due to any given reason beyond ESCROW AGENT'S control.
7. CLIENT shall indemnify ESCROW AGENT and any of its correspondents from any obligation, loss, damage, penalty, action, judgment, demand, cost, expense, legal expense, or disbursement of any kind, charged against ESCROW AGENT, due to the actions taken by ESCROW AGENT, as consequence of instructions issued by CLIENT.
8. With regard to instructions for transfer of funds, ESCROW AGENT may determine which suitable method to use for the transmission of funds. If CLIENT were to cancel the transfer instructions, ESCROW AGENT is not obligated to reimburse the funds to CLIENT unless ESCROW AGENT can stop the transfer and the funds can be returned to ESCROW AGENT'S accounts.
9. CLIENT herein authorizes ESCROW AGENT to automatically deduct from escrow account, any current and regular fees that are generated in relation to instructions provided to ESCROW AGENT by CLIENT, regarding movements and disbursements.
10. CLIENT will receive from ESCROW AGENT, to enforce security means for communications, a GELDSTUCK CODE CARD, which is composed of a grid, with columns and rows with random and unique numbers. Such card is for strict personal use, and CLIENT will be liable for any misuse of the card. Card must not be reproduced by any means, and Escrow Agent will never request all numbers on the grid. CLIENT hereby certifies having received CODE CARD in a sealed envelope, and takes full responsibility on the use of this security method. ESCROW AGENT may request, whenever considered necessary, any combination of letters and numbers from CODE CARD to verify authenticity of information.
11. As an additional means of communication between CLIENT and ESCROW AGENT, if previously authorized by CLIENT in Escrow Agreement, messaging via SMS, may be used. Such communication must come directly from cell phone number previously authorized by CLIENT. Furthermore, CLIENT agrees that if cell phone is lost or stolen, CLIENT must immediately notify ESCROW AGENT so communication is disabled. CLIENT understands and accepts the risk inherent to the loss of cell phone, as it may result in unauthorized access by third parties to confidential information, and such information could be misused in detriment of CLIENT's funds in escrow. The ESCROW AGENT may suspend this service without prior notice whenever considered pertinent.
12. This agreement will remain in force until CLIENT revokes this document through an addendum, which shall be signed by the Parties, or by order of ESCROW AGENT, upon its decision to discontinue receipt of electronic instructions from CLIENT.
13. This agreement does not supersede or replace the terms and conditions on the Escrow Agreement signed between Client and Escrow Agent.
14. This agreement will be ruled by the laws of the Republic of Costa Rica and any dispute ensuing from said agreement will be resolved through arbitration before CICA, at AMCHAM, Costa Rica.