EXHIBIT 4.4
AMENDMENT TO THE CONTACT CENTER SERVICE AGREEMENT - CN 0988/2004
Through this private Deed, on the one hand ORBITALL SERVICOS E PROCESSAMENTO DE
INFORMACOES COMERCIAIS LTDA., with Head Offices at Xxx Xxxxxx Xxxxxx, 000, 0xx
Xxxxx, Xxxxxx, Xxx Xxxxxxx do Sul - Sao Paulo State, registered with the
Treasury Ministry on the National Corporate Tax-Payers' Roll under CNPJ N
degrees 00.006.878/0001-34, hereinafter called simply ORBITALL, through its
undersigned duly-accredited legal representatives, and on the other hand TNL
CONTAX S/A, a business corporation with Head Offices at Rua do Passeio, N
degrees 42, Centro, Rio de Janeiro State Capital, registered with the Treasury
Ministry on the National Corporate Tax-Payers' Roll under CNPJ No.
02.757.614/0017-05, hereinafter called simply the PARTNER, through its
undersigned duly-accredited legal representatives, pursuant to their Articles of
Incorporation/Bylaws, hereby resolve by common agreement to alter the Contact
Center Services CONTRACT, identified as CN 0988/2004, as follows:
I - As from the signature date of this Document, the Parties hereby resolve to
include Sub-Item 4.1.5 in Item 4.1 of Clause Four - Prices and payment
conditions of the AGREEMENT amended hereby, coming into effect with the
following wording:
"4.1.5. The PARTIES hereby agree that the PARTNER will be able to transfer
to ORBITALL through entry on the respective fiscal note/invoice the
expenses incurred through training sessions requested by the clients
thereof, due to new products and committees that will generate additional
costs for the PARTNER, and that should be paid provided that they are
agreed on in advance, pursuant to Item 4.3 of this Clause."
II - The Parties also agree to alter line "d" of Sub-Item 9.1 of Clause Nine -
Rescission and Penalties for the Agreement in question, as from the date of
signature hereof, which comes into effect with the following wording:
"(d) In case of non-compliance with the Transition Plan that results in
delays by the PARTNER in vacating the ORBITALL facilities in Sao Paulo, at
Avenida Ipiranga, which should take place by December 31, 2004, moving to
its own facilities: 10% (ten percent) of the rental value of the
above-mentioned premises per day of delay in vacating these facilities,
calculated during the month of the non-compliance."
III - The other Clauses and conditions of the agreement amended hereby remain
effective, when not specifically altered by this Document.
IV - The contracting parties hereby declare under penalty of law that the
signatories hereof are their duly-accredited legal representatives/proxies,
properly established in compliance with their respective Articles of
Incorporation/Bylaws, being empowered to accept the obligations contracted
herein.
V - Being fully and fairly in agreement, the Parties sign this Document in 2
(two) copies of identical form and content for one single purpose in the
presence of 2 (two) witnesses as follows:
Sao Paulo, September 27, 2004
Signed Signed Signed Signed Signed
1.17.2 Xxxxxx Sauan 1.07.3 Claudio Sales 1.07.3 Xxxx Xxxxx
ORBITALL SERVICOS E PROCESSAMENTO TNL CONTAX S.A
DE INFORMACOES COMERCIAIS LTDA
WITNESSES:
Signed Signed
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Name: Xxxxx Xxxxxxxxx Henrique Name: Xxxx Acrizio de Xxxxx Sales
ID: 18.462.419-8 ID: 12500537
