Terms and Conditions of Use
MacarenoNet
1. Acceptance of Terms
Welcome to MacarenoNet. By accessing or using our website (www.macareno.net) and/or contracting our professional services, you ("Client", "you", "User") accept and agree to comply with these Terms and Conditions of Use ("Terms").
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OUR WEBSITE OR CONTRACT OUR SERVICES.
These Terms constitute a legally binding agreement between you and MacarenoNet ("we", "our", "the Company"). For contracted services, these Terms are complemented by:
- The specific service contract (Master Services Agreement, Statement of Work, etc.)
- Our Data Processing Agreement (DPA) when applicable
- Our Privacy Policy
- Other specifically referenced policies
2. Definitions
For the purposes of these Terms:
"Services"
All professional services offered by MacarenoNet, including but not limited to: technology consulting, implementation of Microsoft 365/SharePoint/Power Platform/Azure/Viva solutions, custom development, training, change management, and technical support.
"Website"
The site www.macareno.net and all its subdomains, pages and content.
"Client"
Legal entity (company, organization) or individual who contracts or uses the Services.
"Client Content"
All data, documents, information, materials, code, credentials and other content provided by the Client or generated on behalf of the Client during the provision of Services.
"Microsoft Platform"
The ecosystem of Microsoft Corporation products and services, including Microsoft 365, Azure, SharePoint, Teams, Power Platform, Viva, and related services on which MacarenoNet builds solutions.
3. Description of Services
MacarenoNet is a company specialized in digital transformation based on the Microsoft ecosystem. We offer Business-to-Business (B2B) professional services in the following areas:
3.1 Main Services
psychologyConsulting and Strategy
- • Digital maturity evaluation and diagnostics
- • Digital transformation roadmap definition
- • Microsoft 365 and Azure solution architecture
- • Governance and compliance advisory
developer_modeImplementation and Development
- • Modern Workplace with Microsoft 365
- • SharePoint Portals and Intranets
- • Electronic Document Management (EDM)
- • Power Platform (Apps, BI, Automate)
- • Microsoft Viva
schoolTraining and Adoption
- • End-user training programs
- • Technical training for administrators
- • Organizational change management
- • Adoption measurement and success metrics
support_agentSupport and Maintenance
- • Continuous technical support (agreed SLAs)
- • Corrective and evolutionary maintenance
- • Proactive system monitoring
- • 24/7 Helpdesk (for contracted clients)
Note: MacarenoNet does NOT provide Microsoft licenses. The Client must acquire their own Microsoft 365, Azure, etc. licenses.
4. Website Use
4.1 License of Use
You are granted a limited, non-exclusive, non-transferable and revocable license to access and use the Website for legitimate informational and commercial purposes.
4.2 Restrictions
When using the Website, you agree NOT to:
5. Client Obligations
5.1 Cooperation and Communication
- Designate a Project Manager or primary point of contact
- Actively participate in discovery, design and review meetings
- Provide timely feedback
- Communicate changes in requirements, priorities or stakeholders
5.2 Microsoft Licensing
Important:
The Client must acquire and maintain valid Microsoft licenses necessary for the Services (Microsoft 365, Azure, Power Platform, etc.) and comply with Microsoft's terms.
5.3 Payment
Pay for the Services in accordance with the agreed terms and provide accurate billing information.
6. Intellectual Property
verified_userClient Ownership
The Client retains all rights to their Content, business data and trademarks.
businessMicrosoft Ownership
Microsoft owns the Microsoft Platform and all its APIs and services.
copyrightMacarenoNet Ownership
MacarenoNet retains methodologies, templates, proprietary tools and know-how.
Custom Code: If the Client has fully paid for the Services, they receive a perpetual license to use, modify and maintain the custom code developed specifically for them.
7. Confidentiality
Both parties commit to protecting Confidential Information disclosed during the business relationship with the same degree of care used to protect their own confidential information.
Duration: Confidentiality obligations remain in effect during the contract and for 5 years after its termination.
8. Data Protection and Privacy
MacarenoNet complies with LGPD, GDPR and applicable data protection laws. When we process personal data on behalf of the Client, we act as Data Processor and the Client as Data Controller.
For services involving personal data processing, our Data Processing Agreement (DPA) applies, which details security obligations, sub-processors, data subject rights assistance and international transfers.
9. Warranties and Disclaimers
MacarenoNet Warranties
- Services will be performed in a professional and competent manner
- Staff possess appropriate qualifications and experience
- Deliverables will be free from material defects (typical warranty 30-90 days)
IMPORTANT DISCLAIMERS
- • MacarenoNet does NOT guarantee specific business results (ROI, productivity)
- • We are NOT liable for interruptions in Microsoft 365/Azure services
- • We do NOT guarantee future compatibility with Microsoft changes
- • Services are provided "AS IS" subject to express warranties
10. Pricing and Payment
Billing Models
Fixed Price
Agreed total amount for defined deliverables
Time and Materials
Billing based on hours worked
Retainer
Fixed monthly/annual support fee
Payment Terms: 30 days from invoice date (unless otherwise agreed). Late payments may incur interest at legal rates.
11. Limitation of Liability
Total Liability Limit
MacarenoNet's total aggregate liability SHALL NOT EXCEED the lesser of:
Fees paid in the last 12 months
USD $100,000
Exclusion of Consequential Damages
MacarenoNet SHALL NOT be liable for:
- Indirect, incidental or consequential damages
- Lost profits or revenue loss
- Data loss (the Client is responsible for backups)
- Business interruption
- Reputational damage
12. Force Majeure
Neither party shall be liable for non-performance due to causes beyond its reasonable control: natural disasters, acts of government, war, terrorism, pandemics, infrastructure disruptions, prolonged Microsoft service outages, etc.
If force majeure continues for more than 90 days, either party may terminate the contract without penalty.
13. Term and Termination
Termination for Convenience
By the Client
30 days prior notice. Must pay accrued fees through termination.
By MacarenoNet
60 days prior notice (only for ongoing support contracts).
Termination for Cause
Either party may terminate immediately for material breach (with 30 days to cure):
- Non-payment for more than 45 days
- Confidentiality breach
- Intellectual property rights violation
- Fraudulent or illegal conduct
14. Export Compliance
The Client agrees not to use the Services in sanctioned or embargoed countries, nor allow access to persons on sanctions lists, complying with U.S., EU and other applicable export laws.
15. Governing Law and Dispute Resolution
🇧🇷 Clients in Brazil
Brazilian law + LGPD
🇨🇱 Clients in Chile
Chilean law + Law 19,628
🇪🇸 Clients in Spain/EU
Spanish law + GDPR
Amicable Resolution: Before litigating, the parties will attempt to resolve disputes through direct negotiation (30 days) and executive escalation (15 additional days).
16. General Provisions
Entire Agreement
These Terms, together with the SOW, DPA and Privacy Policy, constitute the entire agreement between the parties.
Amendments
MacarenoNet may modify these Terms by posting the updated version with 30 days' notice.
Relationship of the Parties
The parties are independent contractors. No employment, agency or partnership relationship exists.
17. Contact Information
For inquiries about these Terms:
General Email
privacy@macareno.netWebsite
www.macareno.net18. Acceptance
By using the Website or contracting Services, you confirm that:
- check_circleYou have read and understood these Terms and Conditions
- check_circleYou agree to be legally bound by these Terms
- check_circleYou have legal authority to accept on behalf of your organization
- check_circleYou have read our Privacy Policy
Effective Date: May 1, 2026 | Version: 1.0
MacarenoNet | www.macareno.net | privacy@macareno.net
These Terms and Conditions have been prepared for general purposes. For specific circumstances, we recommend consulting with legal advisors in each jurisdiction.
Have questions about our terms?
Our legal team is available to clarify any questions about these terms and conditions.