1 – Definitions
- provider – the entity providing the service
- customer – the one who hires the services of the provider
- server – is the machine where the client data is physically housed
- site – set of pages in WordPress, HTML, PHP or ASP that are complemented, or not, by a database, providing information in a static or dynamic way to any user who accesses them using a browser.
- accommodation – the act of making physical space available on the provider’s servers, so that the customer can place his website,
- e-mail and, if applicable, database, so that he can be consulted by any user who uses the Internet.
- modality – designation for a set of properties that defines the client’s accommodation, such as price, space, traffic, etc.
2 – Grantors
- N.T.P., Lda commercial name Target4Biz as first grantor and hereinafter referred to as PROVIDER
- The signatory of this contract and the referred conditions, as second party and hereinafter referred to as the CLIENT
- The granting parties hereby declare and express their full knowledge of all technical concepts of information technology and telematics enshrined in this contract, which are used here with the usual and common sense of this branch of activity.
- This contract serves to establish the General Conditions of Use of the provider’s services, establishing the duties and rights of each granting party.
- Acceptance of contractual quotes or service contracts includes acceptance of these general service conditions.
4 – Hosting
- The provider agrees to host the customer’s website in an uninterrupted manner, with availability and quick access.
- The hosting of the client’s website is shared. Multiple sites for multiple clients will be hosted on a single server.
- The accommodation hired from the provider cannot be \ “resold \” unless hired in a resale plan.
5 – Service interruption
1. The hosting service may be interrupted without prior notice for short periods of time in the following situations:)
a) Updates and configurations of the server software.
b) Server hardware or software failures.
c) Failures in providing access to the provider’s servers.
2. The provider undertakes to take all necessary measures so that the stops mentioned in paragraph a) of the 5th clause, if they happen, are for the shortest possible time.
3. The service may be terminated indefinitely for the following reasons:
a) Failure to pay the invoices presented to the customer within the stipulated deadlines.
b) Non-compliance with the rules expressed in this regulation.
c) Abuse or misuse of server resources. Abuse is considered when the use clearly affects the services provided by the server in question.
4. The provider may completely cancel the hosting of the customer’s website, completely eliminating the customer’s data from the servers, depending on the severity of the situation presented in points c) of the 5th clause.
5. The customer is not entitled to any type of compensation when the service is stopped for reasons unrelated to the provider or force majeure, as well as when there are amounts due.
6. The provider creates a current account with the customer that may have a positive or negative balance, it is the negative value of this current account that is considered to be in debt. If there are outstanding amounts, all customer service is suspended.
7. An amount is considered to be in debt and is a reason for suspension when the payment period for the first invoice issued has not been paid or has not been paid in full.
6 – The customer agrees that:
- He is solely responsible for the content of his site, with the awareness that it cannot violate national or international laws in force.
- He will save and not disclose his access password on the website or the control panel or any service that requires authentication.
- He will not use our services to send unsolicited e-mail (UBE / UCE), commonly known as SPAM, with the awareness that this action is considered a crime under the legislation in force.
- He will not use the provider’s servers and / or services for any unlawful purpose such as phishing, hacking, sniffing or other activities, which aim to enter systems without authorization from the owners or to obtain confidential data without their knowledge.
- He will not use the provider’s servers to store software or material protected by copyright, without being accompanied by the respective license.
- He will make periodic backup copies of your data, namely complementary website and databases.
- He will not use the server’s resources in a way that will impair its proper functioning.
- He will not install any type of resident software such as IRC servers, bots or others. Resident processes are not allowed.
7 – Payments
- The customer will be able to make payments for invoices issued or other, through Bank transfer.
- Complaints about values, quantities, products or periods shown on the invoice are only accepted up to 8 days before the payment deadline.
- The period of the monthly service of Campaigns Marketing starts from the date of signature of the contractual budget.
- Invoices must be paid in advance of the start date of the monthly service, example: February service is paid in January, depending on the date the budget is signed and the invoice is issued.
- All invoices must be paid within a maximum period of 15 (fifteen) days from the day they are issued.
- When payment deadlines are not met, NTP, LDA is entitled to late payment interest of a minimum amount of 40 euros per invoice, and may also demand compensation that exceeds that amount if it should have recourse to the services of a lawyer, solicitor or agent of execution.
8 – Duration and termination
- The duration of the contract is equal to the minimum number of billing months for the contracted modality, unless a longer period has been billed.
- The contract is automatically renewed for equal periods of time.
- The contract can be waived by either party unanimously, simply by communicating to the other party 30 days in advance of the date of renewal of the services covered by the contract.
- In case the communication is by e-mail, it should be made to the address email@example.com and you should get a response from the other party to acknowledge the decision. If there is no response, notification must be made by registered letter with acknowledgment of receipt.
- If the customer decides to leave the provider’s services before the end of the contracted and paid time, there is no right to any refund of the amount for the rest of the time until the end of the contract.
9 – Responsibility
Any liability of the provider, including but not limited to damage caused or allegedly caused by performance failure, error, malfunction, omission, interruption, defect, delay or failure in network access, theft or destruction of equipment by unauthorized access or by any other cause of action not specified, are strictly limited to the amount paid by the customer for the current month.
10 – Amendments
- The provider can change this regulation as well as any specification or price of the services provided without prior authorization from the customer.
- The customer can resign the service within 15 days from the date of implementation of the changes, if he does not agree.
11 – Jurisdiction and applicable law
- In the event of a dispute, the CLIENT may, according to its territorial jurisdiction, resort to one of the following Alternative Dispute Resolution Entities:
- – CNIACC – National Center for Information and Arbitration of Consumer Conflicts (www.arbitragemdeconsumo.org).
- – CIMAAL – Center for Information, Mediation and Arbitration of Consumer Conflicts in the Algarve (www.consumidoronline.pt).
- – Arbitration Center for Consumer Conflicts in the District of Coimbra (www.centrodearbitragemdecoimbra.com).
- – Lisbon Consumer Conflict Arbitration Center (www.centroarbitragemlisboa.pt).
- – Porto Consumer and Arbitration Information Center (www.cicap.pt).
- – Vale do Ave Consumer Conflict Arbitration Center (www.triave.pt).
- – Consumer Information, Mediation and Arbitration Center, Consumer Arbitral Tribunal (www.ciab.pt).
- More information on the Consumer Portal at www.consumidor.pt. (under article 18 of Law no. 144/2015, of 8 September)
- If the conflict cannot be mediated for any reason and is directed to a court, the court chosen must be the Judicial Court of the Setúbal County, with the express exclusion of any other.
- For all matters not expressly regulated by this Agreement, Portuguese Law will apply.
12 – Knowledge
- When subscribing to any service from the provider, the customer assumes full knowledge of this regulation and agrees with it.
- Ignorance of the regulation is not accepted for the violation of any rule expressed herein.