1. Scope and provider
These terms apply to all services provided by the entity identified below to business clients, including consulting, email and SMS marketing, analytics and tracking, consent management, paid media and technical SEO.
- Company
- Consultor de Marketing Digital
- Legal form
- Sole trader (empresário em nome individual)
- NIF (tax ID)
- PT256990727
- Registered address
- Travessa da Estrada Nova 190, 3885-062 Arada, Portugal
- CAE (economic activity code)
- 70200
- Phone
- +351 916 234 466
2. Proposals and acceptance
Each project is described in a written proposal setting out scope, deliverables, timelines and fees. The proposal is valid for 30 days and is accepted in writing, including by email. Work outside the agreed scope requires a change request accepted by both parties. In case of conflict, the written proposal prevails over these general terms, unless otherwise agreed.
3. Fees and payment
- Fee model: fixed price per project, monthly retainer or hourly rate, as stated in the proposal.
- Invoicing and payment terms: invoices are issued as set out in the proposal (for example at project start, by milestone or monthly). Payment is due within 15 days of the invoice date, unless the proposal states otherwise.
- VAT: according to the tax regime applicable at the time of invoicing.
- Late payment: in case of late payment, statutory late-payment interest is due and I reserve the right to suspend services until payment is made, after prior notice.
- Costs of tools, licences and advertising budgets are borne directly by the client, unless otherwise agreed.
4. Client obligations
- Provide timely access to the necessary platforms, preferably with dedicated user accounts and permissions limited to what is required, without sharing passwords.
- Supply data, information and approvals within the agreed deadlines.
- Maintain backups of the store and systems before technical changes.
- Ensure that the processing of its customers’ personal data has a legal basis, as data controller.
- Review and approve content and campaigns before publication.
5. Performance
I perform the services with due care and in accordance with industry good practice. This is an obligation of means: results in sales, traffic or advertising performance depend on factors outside my control, such as changes by third-party platforms, and are not guaranteed. Timelines stated in the proposal are estimates and may be adjusted if they depend on information or approvals from the client.
6. Confidentiality
Both parties keep confidential any non-public information received from the other, during the project and for 3 years after it ends. This does not apply to information that is already public, obtained legitimately from third parties, or whose disclosure is required by law.
7. Data protection
When I process personal data on behalf of the client, I act as a processor, only according to the client’s documented instructions, and a data processing agreement (DPA) is concluded before access is granted. I undertake to apply appropriate security measures, to use only authorised sub-processors, to notify personal data breaches without undue delay, and to return or delete the data at the end of the project. I recommend that the client revoke my access at the end of the contract.
8. Intellectual property
Pre-existing materials of each party remain their property. Deliverables created for the client are assigned to the client after full payment. I retain the right to reuse general knowledge, methodologies and generic templates. I only refer to the client as a reference with written authorisation.
9. Third-party tools
Tools used remain in the client’s accounts and are governed by the terms of their respective providers. If I recommend a tool with which I have an affiliate relationship, I inform the client, who may sign up without using my link.
10. Liability
My total liability is limited to the fees paid by the client in the 12 months preceding the event giving rise to the claim. Indirect damages and loss of profits are excluded, except in cases of wilful misconduct or gross negligence and in any other cases where the law does not allow exclusion.
11. Term and termination
The duration is stated in the proposal. Either party may terminate the contract with 30 days’ prior notice, or immediately in the event of a serious breach that is not remedied within 15 days of written notice. The client pays for work performed up to termination. I deliver the documentation produced and cease using the access granted.
12. Governing law and jurisdiction
These terms are governed by Portuguese law. The parties will seek to resolve any dispute amicably; failing agreement, the courts of the judicial district of Aveiro shall have jurisdiction.