Terms of Service

Professional Standards: Legal terms and conditions for IPERVOLAS civil engineering and explosives services.

IPERVOLAS Terms of Service

Last Updated: November 3, 2025

Welcome to IPERVOLAS S.A.S. ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website (ipervolas.com) and our civil engineering, mining, and explosives management services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

These Terms comply with Colombian law and applicable international regulations governing civil engineering, explosives handling, and mining operations.

1. Definitions

  • "Client" or "You": Any individual, company, or entity engaging IPERVOLAS services
  • "Services": Civil engineering, mining operations, explosives management, and related professional services
  • "Project": Specific work assignment between IPERVOLAS and Client
  • "Explosives": Any explosive materials, accessories, or related equipment under our management
  • "Regulatory Authorities": Colombian government agencies including DCCAE, INDUMIL, and Ministry of Mines and Energy
  • "Force Majeure": Unforeseeable circumstances beyond reasonable control

2. Service Description

2.1 Civil Engineering Services

  • Bridge construction and structural engineering
  • Road design and infrastructure development
  • Controlled demolitions and rock fracturing
  • Topographic surveying and geotechnical studies
  • Earth moving and land preparation

2.2 Mining Operations

  • Gold, emerald, and coal extraction
  • Open-pit and underground mining
  • Mineral exploration and assessment
  • Mine safety and environmental compliance

2.3 Explosives Management

  • Licensing and regulatory compliance
  • Controlled blasting operations
  • Explosives storage and transportation
  • Safety training and certification
  • Emergency response and neutralization

2.4 Consulting Services

  • Technical consulting and project management
  • Regulatory compliance assistance
  • Risk assessment and mitigation
  • Environmental impact studies

3. User Eligibility and Responsibilities

3.1 Eligibility

To use our services, you must:

  • Be at least 18 years old or have legal capacity to enter contracts
  • Have proper authorization for mining or construction activities
  • Comply with all applicable Colombian laws and regulations
  • Provide accurate and complete information
  • Have necessary permits for explosives handling (where applicable)

3.2 Client Responsibilities

  • Provide accurate project specifications and requirements
  • Ensure site access and necessary permits
  • Comply with all safety protocols and regulations
  • Make timely payments for services rendered
  • Cooperate with IPERVOLAS personnel and subcontractors
  • Report any safety concerns or regulatory issues immediately
  • Maintain insurance coverage as required by law

3.3 Prohibited Activities

You agree not to:

  • Use our services for illegal activities
  • Interfere with regulatory compliance requirements
  • Compromise safety standards or protocols
  • Make false claims about project scope or requirements
  • Discriminate against IPERVOLAS personnel or subcontractors
  • Violate environmental protection laws

4. Service Agreements and Contracts

4.1 Formation of Agreement

Service agreements are formed when:

  • You submit a formal project proposal or request
  • IPERVOLAS provides a written quote or proposal
  • You accept the proposal in writing
  • All necessary permits and approvals are obtained

4.2 Contract Terms

All service contracts include:

  • Detailed scope of work and deliverables
  • Project timeline and milestones
  • Payment terms and schedule
  • Safety and regulatory requirements
  • Liability and insurance provisions
  • Termination and dispute resolution clauses

4.3 Pricing and Payment

  • Prices are quoted in Colombian Pesos unless otherwise specified
  • Payment terms are specified in individual contracts
  • Late payments may incur interest charges
  • Additional costs for scope changes will be approved in writing
  • Taxes and regulatory fees are Client responsibility

5. Safety and Regulatory Compliance

5.1 Safety Standards

IPERVOLAS is committed to the highest safety standards:

  • Compliance with Colombian safety regulations
  • International mining and explosives safety standards
  • Regular safety training and certification
  • Emergency response and evacuation procedures
  • Personal protective equipment requirements

5.2 Regulatory Compliance

  • DCCAE Compliance: All explosives handling meets Department of Commerce of Arms requirements
  • INDUMIL Compliance: Military explosives regulations strictly followed
  • Environmental Compliance: Ministry of Environment and Ministry of Mines regulations
  • ISO Standards: Quality management and safety certifications maintained

5.3 Client Safety Obligations

Clients must ensure:

  • Site safety and access conditions
  • Proper safety equipment for their personnel
  • Compliance with all safety instructions
  • Immediate reporting of safety concerns
  • Insurance coverage for their operations

6. Intellectual Property

6.1 IPERVOLAS Intellectual Property

  • Technical methodologies and processes remain IPERVOLAS property
  • Project reports and documentation may be copyrighted
  • Software tools and proprietary systems are protected
  • Training materials and certifications are IPERVOLAS property

6.2 Client Intellectual Property

  • Client data and proprietary information is protected
  • Project specifications remain Client property
  • IPERVOLAS may use de-identified data for improvement purposes

6.3 Confidentiality

Both parties agree to maintain confidentiality of:

  • Proprietary processes and methodologies
  • Client business information and strategies
  • Project financial details
  • Sensitive regulatory information

7. Liability and Insurance

7.1 IPERVOLAS Liability

IPERVOLAS liability is limited to:

  • Direct damages caused by our negligence
  • Maximum liability equal to contract value
  • Exclusions for consequential or indirect damages
  • Force majeure events are excluded

7.2 Client Liability

Clients are liable for:

  • Accuracy of provided information and specifications
  • Site conditions and access issues
  • Compliance with local regulations
  • Payment of all contracted amounts

7.3 Insurance Requirements

  • IPERVOLAS Insurance: Professional liability, workers' compensation, explosives liability
  • Client Insurance: Required for high-risk operations
  • Project Insurance: May be required for large-scale projects
  • Environmental Insurance: Required for mining operations

8. Termination and Suspension

8.1 Termination by Client

  • Written notice required (30 days for standard projects)
  • Payment for work completed and committed costs
  • Return of IPERVOLAS equipment and materials
  • Settlement of outstanding obligations

8.2 Termination by IPERVOLAS

IPERVOLAS may terminate services if:

  • Client fails to make required payments
  • Safety concerns compromise operations
  • Regulatory non-compliance by Client
  • Force majeure prevents service delivery
  • Client breaches these Terms

8.3 Project Suspension

  • Weather conditions affecting safety
  • Regulatory holds or permit issues
  • Equipment failure or supply delays
  • Client-requested pauses

9. Force Majeure

Neither party shall be liable for failure to perform obligations due to force majeure events including:

  • Natural disasters (earthquakes, floods, landslides)
  • War, civil unrest, or terrorism
  • Government actions or regulatory changes
  • Supply chain disruptions
  • Pandemics or health emergencies
  • Transportation strikes or blockades

Force majeure notices must be provided within 5 business days of occurrence.

10. Dispute Resolution

10.1 Negotiation

Parties agree to first attempt resolution through good faith negotiation within 30 days of dispute notice.

10.2 Mediation

If negotiation fails, disputes will be submitted to mediation under Colombian Chamber of Commerce rules.

10.3 Arbitration

Unresolved disputes shall be settled by arbitration in Bogotá, Colombia, under Colombian law.

10.4 Governing Law

These Terms are governed by Colombian law, specifically:

  • Civil Code provisions on contracts
  • Law 80 of 1993 (Public Contracting)
  • Law 1581 of 2012 (Data Protection)
  • Sector-specific regulations for mining and explosives

11. Warranties and Disclaimers

11.1 Service Warranties

  • Services performed with professional skill and care
  • Compliance with applicable Colombian standards
  • Use of qualified and certified personnel
  • Proper equipment calibration and maintenance

11.2 Disclaimers

IPERVOLAS does not warrant:

  • Results dependent on uncontrollable factors (weather, geology)
  • Third-party performance or delays
  • Market conditions or commodity prices
  • Future regulatory changes
  • Implied warranties beyond express contract terms

11.3 Limitation of Liability

IPERVOLAS total liability shall not exceed the contract value, except for:

  • Gross negligence or willful misconduct
  • Personal injury or death caused by our actions
  • Environmental damage caused by our operations

12. Indemnification

12.1 Client Indemnification

Client agrees to indemnify IPERVOLAS against claims arising from:

  • Client's breach of these Terms
  • Client's negligence or misconduct
  • Client's violation of applicable laws
  • Third-party claims related to Client's operations

12.2 IPERVOLAS Indemnification

IPERVOLAS agrees to indemnify Client against claims arising from:

  • IPERVOLAS professional negligence
  • IPERVOLAS violation of applicable laws
  • IPERVOLAS personnel misconduct
  • IPERVOLAS equipment failures

13. Website Usage Terms

13.1 Acceptable Use

  • Use website for legitimate business inquiries
  • Download materials for personal or business use only
  • Respect intellectual property rights
  • Comply with applicable laws and regulations

13.2 Prohibited Use

You may not:

  • Use website for illegal activities
  • Attempt to hack or compromise security
  • Distribute malware or harmful code
  • Scrape or harvest data without permission
  • Impersonate IPERVOLAS or our representatives

13.3 Content Accuracy

While we strive for accuracy, website content is for general information. Contact us for specific project requirements.

14. Modifications to Terms

IPERVOLAS reserves the right to modify these Terms at any time. Changes will be:

  • Posted on our website with effective date
  • Notified to existing clients via email
  • Applied prospectively to new contracts
  • Subject to negotiation for ongoing projects

Continued use of our services constitutes acceptance of modified terms.

15. Severability and Entire Agreement

15.1 Severability

If any provision is found invalid, remaining provisions remain in effect.

15.2 Entire Agreement

These Terms, together with project contracts, constitute the entire agreement between parties.

15.3 Waiver

Failure to enforce any provision does not constitute waiver of future enforcement rights.

16. Contact Information

Legal and Contractual Matters

IPERVOLAS S.A.S.

Legal Representative: Fabio Franco Cantor

Email: legal@ipervolas.com

Phone: +57 314 360 1361

Address: Colombia

Service Inquiries

Email: info@ipervolas.com

Phone: +57 314 360 1361

Emergency Contact

For safety or regulatory emergencies:

Phone: +57 314 360 1361 (24/7)

Legal Disclaimer

These Terms of Service are governed by Colombian law and international standards applicable to civil engineering and explosives management. They do not constitute legal advice. For specific legal concerns, consult qualified legal counsel familiar with Colombian mining and explosives regulations.

IPERVOLAS S.A.S. reserves the right to modify these terms. Continued use of our services constitutes acceptance of current terms.