Terms and conditions

Identification and legal framework

PremiWeb Design is owned by Miguel Alexandre Silva Lopes, a sole trader, tax number (NIF) 249977885, resident in Santa Marta do Pinhal, Corroios, municipality of Seixal, district of Setúbal, Portugal, hereinafter PremiWeb Design or the agency. The agency designs and develops websites and provides graphic design, photography, video and digital platform maintenance services, under service contracts governed by Articles 1154 et seq. of the Portuguese Civil Code, approved by Decree-Law 47344 of 25 November 1966, as amended.

These terms and conditions set out the legal framework for the contractual relationship between PremiWeb Design and its clients, the rights and obligations of each party, the rules for entering into, performing and ending contracts and the conditions of the services provided. By accepting these terms when entering into the contract, the client agrees to be bound by them, under the principle of freedom of contract in Article 405 of the Civil Code.

Purpose and scope

These terms and conditions apply to all contracts between PremiWeb Design and its clients, including corporate websites, online shops, landing pages, graphic design, photo shoots, video production and digital platform maintenance. Where these terms differ from conditions expressly agreed by the parties in a separate contract, the separate contract prevails, without prejudice to mandatory law.

Contracts are made digitally, by email or in person, as the client prefers. For distance and off-premises contracts with consumers, Decree-Law 24/2014 of 14 February and Law 24/96 of 31 July (Consumer Protection Act), as amended, apply.

Entering into the contract

The service contract is formed when the client accepts the proposal from the agency, which describes the services, the price, the delivery time and the payment terms, under Articles 224 and 232 of the Civil Code. The proposal is deemed accepted under the agreed contracting procedure, with payment of the first instalment being a condition for work to begin, where so provided.

No special form is required, unless the law requires one (Article 219 of the Civil Code). For contracts made at a distance by electronic means, Decree-Law 7/2004 of 7 January on electronic commerce and Decree-Law 24/2014 of 14 February, referred to above, also apply.

Consumers’ right of withdrawal

Where the client is a consumer and the contract is concluded at a distance or off business premises, the client may have the right of withdrawal provided for in Decree-Law no. 24/2014 of 14 February. The general period is 14 days, and may be 30 days in the specific situations provided for by law.

If the consumer asks for the services to begin during that period, the legal requirements on pre-contractual information, the express request to begin performance and the consequences of exercising the right of withdrawal apply.

Obligations of PremiWeb Design

PremiWeb Design undertakes to provide the contracted services diligently and in good faith (Article 762(2) of the Civil Code), according to the features and specifications agreed with the client, and to deliver the finished website within 12 working days, unless the client has not provided in time the materials needed for the work or unforeseeable circumstances or force majeure occur.

In justified cases, the agency may propose changes to the contracted services, provided they do not substantially affect the work to be delivered and are communicated to and accepted by the client beforehand.

Obligations of the client

The client undertakes to provide PremiWeb Design, in good time and in a suitable format, with all the materials and information needed for the services, such as texts, images, logos, access to platforms and other content, to give accurate and up-to-date information about the business and to reply promptly to requests for clarification from the agency.

Failure to do so may extend the delivery time, and this cannot be attributed to PremiWeb Design, under the rules on creditor default (Article 813 of the Civil Code). The client also undertakes to pay the price within the agreed terms and to cooperate with the agency while the contract is performed, namely by approving the stages of work presented.

Price and payment terms

The price of the services is the one stated in the proposal accepted by the client. PremiWeb Design is exempt from VAT under the applicable law, so the amount in the proposal is not subject to VAT.

Photography and video services are paid in full when the contract is signed, as a condition for work to begin. Website design and development services are paid in two instalments of 50%: the first when the contract is made, as a condition for work to begin, and the second when the project is delivered. Where so agreed, the amount paid when the contract is made is a deposit and is deducted from the final price, and Article 442 of the Civil Code applies in the event of definitive breach attributable to either party, as provided by law.

Payment is made by bank transfer, Multibanco reference or MB WAY. In case of late payment, the client pays default interest at the statutory rate (Articles 804 and 806 of the Civil Code) and PremiWeb Design may suspend the services until the amount due is paid, where the legal and contractual requirements are met, under the defence of non-performance (Article 428 of the Civil Code).

Delivery times

Delivery times are those stated in the proposal accepted by the client. As a rule, a complete website is delivered within 12 working days, counted from the working day after the contract is signed, the first instalment is paid and all the materials needed for the work have been provided.

This period may be extended if the client is not available to approve the stages of work, which the agency will communicate in good time, and is suspended until the client resolves the situation, without this being attributable to PremiWeb Design.

Revisions and changes

The client may ask for changes to the work while the contract is being performed. The price includes up to three rounds of review to fine-tune the details before the website goes live. Revisions beyond that number, and those that substantially change the initial scope of the contract, are quoted separately and must be accepted by the client beforehand.

Hosting, domain and third-party services

Where the website depends on third-party services, such as hosting, domain registration, SSL certificates, payment platforms or other external services, the responsibility of the agency is limited to setting those services up. The client acknowledges that these services are subject to the terms and conditions of their providers, and the agency is not responsible for interruptions or changes in their prices or conditions. The costs of these services are borne by the client and are not included in the price of the agency, unless otherwise agreed.

Photography and video services

Photo and video shoots take place at the premises of the client or at a location the client chooses, on a date and time agreed by the parties. The agency undertakes to deliver the edited photos and videos within eight working days of the shoot. Weather, unavailability of the client or of third parties, or other circumstances beyond the control of the agency may require the shoot to be postponed, which does not constitute a breach.

The photos and videos delivered are for the client to use on the website and in promotional materials for the business, and may not be sold to third parties without the express permission of the agency.

Intellectual property

Ownership of the copyright in the work produced by PremiWeb Design, including the design, code, texts, images and other elements of the website, is determined by the applicable law and by the agreements made with the respective rights holders. Once the price is paid in full, the rights to use the finished work are transferred to the client, on the terms and for the purposes expressly agreed, without prejudice to the moral rights of the author (Articles 9 and 56 of the Portuguese Code of Copyright and Related Rights).

Unless otherwise agreed, PremiWeb Design may show the work in its portfolio and in promoting its business, provided the rights of the authors, the agreed terms and the rights of third parties are respected, and with respect for the image and reputation of the client (Article 79 of the Civil Code).

Personal data protection

Personal data processed by PremiWeb Design under the contract is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation or GDPR) and by Portuguese Law 58/2019 of 8 August. Detailed information on purposes, legal bases, retention periods, recipients and the rights of data subjects is set out in the privacy policy of the agency.

The client may at any time exercise the rights of access, rectification, erasure, restriction, objection and portability, and may lodge a complaint with the Portuguese data protection authority (CNPD), under Articles 15 to 22 and 77 GDPR.

Alternative dispute resolution

Under Portuguese Law 144/2015 of 8 September on alternative dispute resolution for consumer disputes (ADR), PremiWeb Design complies with the duty to inform in Article 18 of that law. For disputes with consumer clients, the ADR entity indicated is the National Consumer Arbitration and Information Centre (CNIACC), Rua D. Afonso Henriques, 1, 4700-030 Braga, Portugal, phone +351 253 619 107, email [email protected], website www.cniacc.pt, without prejudice to the jurisdiction of other entities under the applicable law.

Consumer clients may also use the electronic Complaints Book at www.livroreclamacoes.pt, under Decree-Law 156/2005 of 15 September, or bring proceedings before the courts, under the applicable jurisdiction rules. More information on the Alternative Dispute Resolution page.

Confidentiality

PremiWeb Design undertakes to keep confidential all information it receives under the contract, including information about the business of the client, its customer base, its market strategy and any other confidential data, respecting the right to privacy (Article 80 of the Civil Code). This obligation applies while the contract is in force and after it ends.

Force majeure

Neither party is liable for failing to perform its obligations where this results from force majeure or an unforeseeable and unavoidable circumstance that makes performance impossible (Article 790 of the Civil Code), such as earthquakes, floods, fires, pandemics, wars, acts of terrorism, strikes, changes in the law or administrative decisions that prevent the contract from being performed.

The affected party must notify the other party within five working days of becoming aware of the impediment and make its best efforts to limit the consequences and resume performance as soon as possible, without prejudice to the right of either party to terminate the contract, where legally permitted.

Changes to these terms and conditions

The agency may update these terms and conditions following changes in the law or regulations, guidance from the authorities or technical or commercial developments. The current version is always available on this page. Contracts already in place are governed by the version the client accepted when entering into them, unless otherwise agreed.

Contact

For any question about these terms and conditions or about your contract with the agency, you can contact PremiWeb Design at [email protected] or on +351 936 545 288. The agency will reply within four working days.