Information translation. The contract is concluded in Portuguese. In the event of any difference in interpretation, the Portuguese version prevails.
1. Purpose
These General Terms of Sale and Provision of Services govern the contracting of services offered by Exclusive Algorithm, Lda. — EA Contabilidade, hereinafter the “Provider”, through its website, by email, at a distance or by any other means of contracting accepted by the parties.
Certain services may also be subject to particular conditions, commercial proposals, specific contracts or subscription terms, which supplement these General Terms.
In the event of any conflict, the particular conditions expressly agreed for the service contracted shall prevail.
2. Prices and taxes
The applicable prices are those stated in the proposal, the contract, the service page or any other document made available to the Client.
Unless expressly stated otherwise, IVA at the legal rate in force is added to the prices shown.
The Client must pay under the conditions and within the time limits set for the service contracted.
3. Contracting and start of the service
Contracting is deemed concluded once the conditions applicable to the service have been accepted and, where required, once payment or confirmation of the order has been made.
Where the Client asks for performance of the service to begin immediately, or before the end of any statutory withdrawal period, the Client expressly declares that performance is to begin during that period.
4. Right of withdrawal and immediate performance
Where the Client is a consumer and the contract is concluded at a distance or off-premises, the right of withdrawal applies on the terms and within the time limits laid down by Portuguese law in force.
Should the consumer wish performance to begin before the end of the withdrawal period, an express request to start the service must be made.
If, having asked for performance to begin during the withdrawal period, the consumer exercises that right before the service has been fully performed, an amount proportionate to the services actually provided up to the date the withdrawal was communicated may be owed to the Provider, on the terms legally applicable.
Where the service has been fully performed during the withdrawal period, the consumer loses the right of withdrawal, provided performance began with the consumer’s prior express consent and with acknowledgement that the right would be lost once the contract had been fully performed, where this is legally applicable.
The right of withdrawal provided for consumers does not apply to contracts concluded with commercial companies, entrepreneurs or other professionals where the service is contracted in the course of their professional or business activity.
5. Declaration for immediate performance
Whenever the start of the service is requested during the statutory withdrawal period, the Client may be required to expressly accept the following declaration:
“I expressly request that performance of the service contracted begin immediately, before the end of the statutory withdrawal period. I acknowledge that, should I exercise the right of withdrawal after performance has begun, I may be liable for proportionate payment of the services already provided, and that once the service has been fully performed I may lose the right of withdrawal, on the terms legally applicable.”
6. Client obligations
The Client undertakes to provide, within the time needed, all information and documents essential to the proper provision of the service.
The Provider cannot be held liable for delays, impossibility of performance or failure to meet deadlines resulting from missing, late, inaccurate or incomplete information or documents supplied by the Client.
7. Cancellation and termination of services
The conditions for cancellation, notice, termination, minimum commitment or tie-in periods are those set out in the specific conditions of the service contracted.
Termination of the contract does not affect payment for services already provided, sums already due, or other amounts owed under the applicable particular conditions.
8. Liability
The Provider undertakes to perform the services contracted with due care and in accordance with applicable legal and professional standards.
The Provider is not liable for breaches or delays resulting from matters attributable to the Client, to public bodies, to third-party software platforms, to postal services or to other third parties whose actions are outside its control.
No provision of these General Terms shall be construed as excluding or limiting liability where such exclusion or limitation is not permitted by law.
9. Personal data protection
Personal data collected in the course of contracting and performing the services is processed in accordance with applicable personal data protection law and with the Privacy Policy made available by the Provider.
10. Communications
Communications relating to the services contracted may be made by email, by telephone, through a reserved area or by any other contact details given by the Client.
The Client is responsible for keeping contact details up to date.
11. Changes to the General Terms
The Provider may update these General Terms whenever necessary, in particular following legislative or regulatory changes or changes to the services offered.
Changes do not affect rights already acquired by the Client in respect of services previously contracted, except where they arise from mandatory statutory rules.
12. Governing law
These General Terms and the contracts concluded under them are governed by Portuguese law.
13. Jurisdiction
Any dispute arising from the interpretation, conclusion, performance or termination of contracts covered by these General Terms shall fall within the jurisdiction of the Tribunal Judicial da Comarca de Braga, expressly subject to mandatory statutory rules on territorial jurisdiction and on consumer protection.
Where the Client is a consumer, this clause shall not be construed as limiting the right to bring proceedings before the territorially competent court under applicable law.
14. Final provisions
The possible invalidity or unenforceability of any provision of these General Terms does not affect the validity of the remaining provisions.
Contracting a service implies acceptance of these General Terms and, where applicable, of the particular conditions corresponding to the service chosen.