Terms and conditions of use

The owner of the vivreauportugalconsulting.com website is DFOA Consulting, Lda (the company is based in Portugal).

By accepting the general terms and conditions, this "contract" is concluded between the user of the website, hereinafter referred to as the "customer", and the owner of the website, hereinafter referred to as the "service provider". The customer and the service provider are also referred to individually as a "party" and collectively as the "parties".

Any person who registers and requests services offered on https://vivreauportugalconsulting.com/ via the website shall be deemed to have read and accepted the conditions of use and processing of personal data.

1. DEFINITIONS

In this agreement, the following terms have the meanings indicated:

"Website" - is the website accessed through the following link: https://vivreauportugalconsulting.com/
"Contract": this service and consulting contract
"Effective Date" means the date of acceptance of this contract.
"Company": the company to be incorporated by the customer in Portugal
Platform - means the website on which the Service is available. It is owned, controlled, managed, maintained and/or hosted by https://vivreauportugalconsulting.com/.

2. OBLIGATIONS OF THE SERVICE PROVIDER

2.1. The Service Provider will provide the services (the "Services") as defined and described in paragraph 4.

2.2. The service provider undertakes to maintain regular communication with the customer throughout the duration of the agreement.

3. CUSTOMER'S OBLIGATIONS

3.1. The customer undertakes to provide in good time all documents, data and information required by the service provider for the performance of the work associated with the provision of services.

3.2. Customer identity documents must meet the requirements, be valid and contain your signature, otherwise your documents cannot be certified and the process cannot begin.

4. SERVICES AND THEIR TERMS AND CONDITIONS

4.1. Incorporation of the company

4.1.1. The initial scope of the contract is for the service provider to provide the customer with consultancy services for the establishment of his limited liability company in Portugal, including assisting him with the incorporation of the company, through to its registration with the social security and other competent authorities, as follows:

- Drafting of the bilingual powers of attorney required to incorporate the company

- Application for and issue of Portuguese taxpayer identity cards to the competent authorities

- Applying for and obtaining a trade name from the commercial register

- Drafting of articles of association for company incorporation

- Provision of a business address for company registration in Portugal

- Completion of all the steps required to incorporate the company in the register

- Company registration with the Portuguese social security and finance authorities 

- Facilitate the procedure for opening a company bank account

- Pay all taxes to the commercial register 

4.2.2. The direct debit service includes the following services:

- receipt of company mail and notification to the customer of all correspondence

- Scan and e-mail digital copies of all important company correspondence.

4.2. NIF

The customer hereby appoints the service provider to represent his interests and those of his associates. to undertake the necessary actions on behalf of the customer in connection with the application to acquire the NIF (Número de Identificação Fiscal). The scope of work is as follows:

- Application for and issue of Portuguese tax identification numbers from the Tax and Customs Authority (Autoridade Tributária e Aduaneira " ).

4.3 OPENING A BANK ACCOUNT

Apply for and open a bank account with the bank branch. NOVO BANCO PORTO. Service includes: 

- Transfer of all documents relating to the creation of the company, enabling the bank to issue the banking contract. The customer will have to travel to Porto to sign the contract in front of the bank manager. An appointment will be scheduled in advance, depending on availability. The service provider will act as translator to facilitate exchanges. 

5. DURATION, FEES AND TERMS OF PAYMENT 

5.1. Duration of the agreement: From the start date until termination with notice by the customer by sending an official notification to the company by e-mail one month prior to the termination of the present contract. All obligations of the parties, including payment obligations for services already provided up to the date of termination of the contract, must be performed in full. 

5.2. Service Fees: In consideration for the provision of the Services, the Customer shall pay to the Service Provider the fees (the "Fees"), together with all applicable taxes. 

5.3. The Service Provider is released from all liability for any failure or delay in the performance of obligations concerning all services in the event of waiver by the compliance department, the institution concerned.

5.4. The service provider is not obliged to carry out the refund (the "services") as defined and described in paragraph 5.3.

5.5. The service provider will only refund to the same card used by the customer to make the request.

6. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that on the Effective Date :

It has all necessary power and authority to enter into this Agreement and to perform its obligations hereunder, and the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary actions on the part of the Company ;

This agreement constitutes a legal, valid and binding obligation of this party, enforceable against it in accordance with its terms;

The provision of services by the second party will be carried out in complete functional and hierarchical independence from the first party.

The service provider will comply with all laws, rules and regulations applicable to the provision of the services and the customer will comply with all laws, rules and regulations applicable to the receipt of the services.  

7. RESPECT FOR THE LAW

The parties shall comply with all laws, regulations and other governmental requirements mandatorily applicable in the performance of their obligations under the Agreement. 

8. CONFIDENTIALITY

8.1. The Customer and the Service Provider undertake not to disclose to third parties any information relating to costs, expenses, working methods or techniques, or any other information or documents received from the other party identified in writing as confidential or proprietary, or otherwise received in circumstances in which the recipient might reasonably apprehend such information as confidential, except to persons, lawyers, employees, auditors, consultants, agents, subcontractors or other persons with whom they have a confidential relationship or agreement (collectively, the "Representatives").

8.2. Customer and Service Provider shall each be liable for any breach of the provisions of this Section by any of their respective representatives. Subject to the foregoing, confidential information or documents may not under any circumstances be disclosed to any third party, affiliate or person who is or is likely to be a competitor of the other party. During the term of this Agreement and for a period of two (2) years after the expiration or earlier termination of this Agreement, each party shall take all reasonable precautions to avoid disclosure of such confidential or proprietary information to third parties.

9. Force Majeure

9.1. The parties shall be released from any liability for failure or delay in the performance of obligations hereunder, where such failure or delay results from or is caused directly or indirectly by circumstances beyond the reasonable control of the parties (including, but not limited to, acts of God, earthquakes, volcanoes, eruptions, fires, floods, wars, civil or military disturbances, sabotage, terrorism, epidemics, riots, interruptions, losses or malfunctions of utilities, computers (hardware or software) or communications services, DDoS attacks, accidents, labor disputes, acts of any civil or military authority or governmental actions), provided however that the parties shall use their best efforts to resume performance as soon as possible. The parties shall use their best endeavors to resume performance as soon as reasonably possible, in the event of any interruption in performance (e.g. accidents, labor disputes, acts of any civil or military authority or governmental actions).

9.2. If such circumstances arise, the party concerned shall inform the other within 10 days.

9.3. If the circumstances of force majeure persist for more than 60 days, either party has the right to terminate the agreement unilaterally. 

10. CONTRACTUAL DISPUTES AND APPLICABLE LAW

10.1. All disputes relating to the conclusion, interpretation, performance and termination of the contract shall be resolved by the parties through negotiation. 

10.2. This agreement is governed exclusively by Portuguese law. 

10.3 In the event of any dispute not resolved by the claims procedure, or in the event of failure to respond to the claim within the time period specified in this agreement, any dispute, controversy or claim arising out of or in connection with this agreement shall be resolved by legal action.

11. FINAL PROVISIONS

11.1. By using the Platform, the Customer accepts the Terms of Service.

11.2. The Web Site Owner reserves the right to engage third parties to provide the Customer with the services described in the Terms of Service.

11.3. vivreauportugalconsulting.com (the owner of the Website) reserves the right to modify the Terms of Services in whole or in part at any time. Such modifications will be communicated to the Customer by e-mail or by a notice on the Website.