1 – Subject and object:
1.1 – These general conditions are intended to legally govern the terms and conditions under which the services will be provided by Redpost Design, Criatividade e Comunicação,Lda , based in Avenida Beato Nuno 431 B, 2495-401 Fátima, with Fiscal Identification Number: 508 131 090, hereafter designated by its registered trademark RED, and the subscriber of the services, hereby designated as CONTRACTOR.
1.2 – Attached the CONTRACTOR will have access to the specific Conditions of the service he/she wishes to subscribe to.
1.3 – With the confirmation of the subscription form, the CONTRACTOR expressly accepts, without reservations or reservations, all of the present clauses, or attached clauses, referring, in specific, to the services to be subscribed to.
1.4 – With the payment for the subscription of the new service or the renewal of an existing service, it is also considered as acceptance without reservation or condition of the present clauses and attached clauses when it is necessary to the service. All words or expressions mentioned below should be understood according to their respective meanings:
myRedpost – Exclusive area for RED clients, with access restricted by login and password and which allows the CONTRACTING PARTY to manage their service invoices, having access to renewal dates and others such as projects, support requests, tasks, quotes and important information. It also allows editing and modifying contact data, invoices and contact emails. For these modifications, the CONTRACTOR must follow the stipulated in these T&Cs.
Service code or ID – Code assigned by the RED to the contracted service, in order to enable identification among the others in a quick and efficient way. Each service corresponds to a different and unique ID.
Autorized mail – The authorised email address is the email address the client provides as a contact email address when subscribing, which can be changed at any time by the client, who notifies RED of the change or requests RED to make the change.
This email address will always be used to send all information and notifications to which RED is obligated and others, even if they can also be sent to another authorised email address (2.1 and 2.2). All changes and requests concerning confidentiality or are essential to the provision of service should be sent from this email address, or from another email address for the purpose indicated.
Invoice Contract – The email address that the customer can conveniently set on myRedpost or provide us to be included as the address to which RED will be authorised to provide all data regarding financial matters.
Parts – The parts should be understood as the participants in the contract, RED and the Contractor.
Procedure to change the authorised e-mail – When the contractor loses, for any reason, access to the authorised e-mail address, the contractor must request its change by means of a duly signed/stamped e-mail request. The form must be attached together with the documents described therein. When a company, a copy of the subscriber’s identification document (e.g. ID card, driver’s licence) and a copy of the Tax Identification Number / permanent registration certificate / permanent registration certificate consultation code that prove the data in the client area. When an institution or association copy the statutes and/or minutes of taking up the position, as well as an identifying document of the person in charge (ID card/Driver’s license). When a final consumer or natural person, copy of ID/CC or driving license.
Service Proposal – What RED commits to provide by subscribing to a given service, can be presented by proposal sent via email or by what is stipulated on the RED website regarding the service in question.
AUP – Acceptable Use Policy – Available for consultation and download, and should be considered as an integral attachment to these T&C.
PP – Privacy policy regulates the way in which RED positions and acts in relation to the gathering registration data, removal and rectification of data, as well as the security and use of CONTRACTOR’s information, the conservation of personal information, payment data and the cookies policy.
Assignee payer – Subject on behalf of whom is responsible to provides payment for subscription or renewal of service is carried out.
Third-party claimant – The person who comes to the RED to claim to be the legitimate owner of a service, by presenting a document which is proof of their ownership, although could be different from the one registered on myRedpost.
2 – Subjects and object:
2.1 – Restrictions:
a) – The servers of RED cannot be the source, intermediary or destination address involved in the transmission of “SPAM”, being considered as “SPAM” all unsolicited e-mails targeted to newsgroups, faxes and e-mails.
b) – It is prohibited for the CONTRACTOR to use any program/file that consumes too many resources in the server or jeopardizes the good functioning of the server or others.
c) – Any attempt, in any way, to damage or destroy the servers is forbidden.
d) – On RED servers it will be forbidden any material related to sex commerce and prostitution, pornography, paedophilia, xenophobia, racism and warez as well as any other content considered illegal and punished under the terms of Portuguese law.
e) – Sites that link to sites with the content mentioned in paragraph d) are also considered forbidden.
f) – All activities considered to be forbidden in the AUP are considered to be forbidden.
g) – In case the CONTRACTOR infringes, in any way, the terms and conditions established in the above points: a); b); c); d) and e), RED reserves the right to immediately shut down the service in question without any advance warning or refund obligation.
h) – In addition to the authorities legally recognized, between the contracting parties, RED will be considered the sole arbiter, responsible for evaluating what is or is not considered a violation of what is stipulated as forbidden in the GCs.
i) – Under the terms of the applicable law, RED may claim compensation from the CONTRACTOR for any damages caused by the infringement(s) to the GTC, when so justified.
2.2 – Obligations
a) – Promptly make the payments he/she is required to after the subscription of the service.
b) – Provide RED with all the necessary information, even if considered confidential, to ensure the proper maintenance and provision of the service.
c) – Refrain from any conduct that may go against what is stated as prohibited in 2.1
d) – Keep all contact information duly updated, especially those used for billing purposes, being under the duty to inform RED via email when changing that information.
e) – The email indicated in myRedpost as the main contact email – authorized email – cannot be changed without prior notice/solicitation to RED for this purpose.
f) – If the CONTRACTOR for any reason lost access to the authorized email address he/she will have to submit to the authorized email change procedure.
g) – The CONTRACTOR must ensure and protect, under any circumstances, the confidentiality of the username and password provided by RED, namely not revealing them to third parties and not operating in conditions that allow its decoding and copy.
h) – It will be the CONTRACTOR responsibility to define the access terms and conditions of use of username and passwords provided by RED to the CONTRACTOR by other users that are not the same.
i) – The CONTRACTOR commits to identify himself/herself whenever he/she accesses the RED services using the identification elements assigned by RED, namely Customer ID, Service ID or Support Ticket.
j) – The CONTRACTOR commits itself not to use, under any circumstances, the identification elements attributed to other CONTRACTORS.
k) – It is the CONTRACTOR right to give up the service and he/she can do it by not paying the service renewal fee.
l) – If the CONTRACTOR has overdue invoices of any service more than 90 (ninety) days, RED reserves the right to suspend all the CONTRACTOR services until the current account is settled.
3 – Obligations attributed to RED:
3.1 – After the service is subscribed by the CONTRACTOR RED will shortly send an email with the service data and payment information which is understood as a declaration of acceptance to the CONTRACTOR’s subscription.
3.2 – After the creation of the client form RED will send the CONTRACTOR the access data to the private area myRedpost, being the login always the same as the indicated by the CONTRACTOR via email, then:
a) – The CONTRACTING PARTY shall go into his/her reserved area to check the data in his/her customer file and, if necessary, make the necessary changes.
b) – Three days after sending/receiving the email indicating the access data to myRedpost, the data in the client profile will be considered confirmed and will become effective for billing, ownership and authorized email addresses.
3.3 – RED undertakes to activate the contracted service within a few hours (usually 24 working hours), counting from the full compliance of the required formalities regarding payments (see section 5), unless prevented by force majeure or any external circumstances that cannot be controlled by RED.
3.4 – RED attributes to the CONTRACTOR an username and a password to access the subscribed service, which will be sent to him/her by email to the main email address, at the moment of the beginning of the service.
3.5 – RED shall promote the connection of its servers to the Internet as a way to operationalize the display/access to CONTRACTOR’s content.
3.6 – Manage the environment in which the server hosting Locaweb’s content is located in accordance with the Locaweb Services Agreem
3.7 – Identifying the problems of interruption in data communication, via TCP/IP, between the RED’s server that hosts the CONTRACTING PARTY’s content and the Internet.
3.8 – Providing an IP address or hostname to allow a 24/7 connection to the server hosting Locaweb’s content.
3.9 – In the event that a server is prevented from working due to the need for technical intervention, RED agrees to do so as soon as possible, reducing to a minimum service breakdown.
3.10 – When so contracted or included, RED commits to execute backups of the last ten days, if other than the policy specifically contracted by the client, in order to provide updated backups, unless prevented by force majeure or any external circumstances that cannot be controlled by RED.
3.11 – Managing the environment in which the server hosting Locaweb’s Web Site Content is located in accordance with the Locaweb Services Agreement.
3.12. Locaweb shall use its best efforts to block any unauthorized or unauthorized access to Locaweb Services or Locaweb Equipment in the event that Locaweb believes, in its sole discretion, that Locaweb has failed to comply with its obligations under this Agreement.
3.13. You agree to provide Locaweb with reasonable technical assistance in responding quickly to any requests for clarification. You agree to provide Locaweb with reasonable assistance in responding to such requests, as long as it is reasonable to do so.
4 – Responsibilities:
4.1 – The CONTRACTOR understands and accepts:
a) – The privacy policy that is published on the RED page.
b) – The impossibility of guaranteeing continuous use, without interruptions and totally free of unauthorized uses.
c) – It may occur that the server is prevented from working and that this may lead to a breakdown of services, loss or damage of content.
4.2 – Therefore, in the cases mentioned in 4.1 a and b, RED disclaims, to the extent permitted by law, its responsibility.
4.3 – RED is not obliged to configure or provide any service that is not expressly foreseen in the service proposal.
4.4 – No responsibility can be attributed to RED for losses (direct indirect or consequential) or damages arising from the assistance it is obliged by 3.13, either by the way it was provided, advised or not provided, except in cases provided by law.
4.5 – RED will not be responsible for any losses or damages caused by misuse of identification codes and passwords, which once provided to the CONTRACTING PARTY are under his responsibility, as stipulated in 2.2 g); h) and i).
4.6 – RED will not be responsible for any litigation in which the Client is a party and that opposes it to a third party, due to the use, direct or indirect, of the service. Namely not being responsible for any irregularity arising from the use of the domain name(s).
4.7 – RED is not responsible for any claims made by third parties that the domain names registered (or requested registration) by RED infringe or offend any rules, restrictions imposed by law regarding the registration of trademarks and companies.
4.8 – RED disclaims any responsibility if at any time, at its discretion, it discloses the information necessary to comply with the law, regulations, judicial or public orders, and, in whole or in part, edits, refuses to put online or removes the Client’s information or content.
4.9 – RED is not liable under these GCs or in tort for any loss or damage (including loss or damage naturally arising in the course of events) including, without limitation, loss of profits, loss of reputation, or any other financial loss or damage arising out of or in connection with:
a) Any acts, omissions, failures or delays occurred without negligence or malice on the part of RED, or when the good provision of the service is subject to the influence of external circumstances and not controllable by RED;
b) Failure of a Register or failure of the servers due to force majeure reasons.
4.10 – RED, does not exempt with these T&C, the responsibilities imposed by the Law 24/96 or any other responsibility that according to the law cannot be exempted.
4.11 – RED is responsible for the losses and damages arising from the defective provision of its services or failure to comply with the obligations attributed to it in these T&C under the terms and measures stipulated by law.
5 – Cost and payment methods:
5.1 – The values of the services covered by these GCs are those defined in the price tables displayed on RED’s page at myRedpost, to which, on display by omission, will be added VAT at the legal rate in force.
a) Under the law, VAT will be applied at the legal rate in force, to all CONTRACTORS resident in Portugal and with fiscal data issued by the Portuguese Government, as well as to all final consumers resident within the EU, and payment notices and invoices are issued in EUROS.
5.2 – RED reserves the right to reasonably update the prices referred to in the previous paragraph, informing at least five working days in advance of the renewal date of the respective service, to the main email address.
5.3 – If the price change is found to be a sufficient reason, the CONTRACTING PARTY may exercise his or her right of rescission as provided in Section 2.2 k.
5.4 – The time for providing the service starts counting from the moment it is activated by RED and ends on the date indicated respectively in the CONTRACTOR’s client area.
5.5 – RED agrees to send payment notices by email to your authorized e-mail address fifteen and thirty days prior to the expiration date indicated in the CONTRACTOR’s customer area for services and thirty, fifteen, five and one days in advance for domains (crf.5.4).
5.6 – Payments must be made, guaranteeing good collection, by the expiration date indicated in CONTRACTOR’s myRedpost, (cfr. 5.4). The good collection, depending on the payment method, may go up to 4 business days.
5.7 – After expiration of the period provided in the CONTRACTING PARTY’S area of clients to pay for the service, RED will give a maximum of 48 hours, after which a final notice will be sent to you stating that the service is suspended or being suspended.
5.8 – After the sending of the notice mentioned in section 5.7, without the CONTRACTING PARTY making the payment, the service will be suspended.
5.9 – You agree that in the event that Locaweb believes, in Locaweb’s sole discretion, that you have breached any provision of this Agreement, including, without limitation, any provisions of this Agreement, you may terminate this Agreement at any time by returning the domain name of Locaweb and agreeing to indemnify and hold harmless Locaweb from and against any such claims.
5.10 – In the event that you request RED to reactivate the suspended service, payment will be due on the date that it should have been initially provided and not the date you request reactivation.
5.11 – Once the time mentioned in section 5.9 has elapsed, RED reserves the right to terminate the service and remove the content.
5.12 – After the payment by the CONTRACTOR of the subscribed service, RED will provide the CONTRACTOR with the respective invoice.
You agree that you will be responsible for any and all fees and charges incurred in connection with the provision of the Locaweb Services.
5.14 – In order for RED to comply with paragraphs 5.12 and 5.13, CONTRACTOR must keep its contact and billing information duly and correctly updated and in accordance with paragraph 2.2 d).
5.15 – For the RED, the owner of the service is the one registered in myRedpost.
5.16 – The invoice will be issued in the name of the owner of the service, according to the registered in myRedpost, and therefore the CONTRACTING PARTY assumes on his responsibility the verification of the congruence of this data and its conformity with the truth.
5.17 – RED is exempt from the duty to cancel/reissue tax documents if they have been issued legally and have not been claimed within a maximum period of 15 continuous days after the date of their issuance.
5.18 – In cases where the service is billed in a name other than the payer, but as registered in the client area, under the terms of 5.17, RED reserves the right to not only refuse the annulment of the fiscal document but also not recognize the payer any right of ownership over the service.
5.19 – When the events set forth in 5.18 occur and the paying subscriber claims the management of the services, RED reserves the right to grant it, if once notified to the CONTRACTING PARTY by email, the latter does not object within five working days.
5.20 – You agree that you will not assign, sublicense, transfer, lease, rent or share your rights under this Agreement if you fail to do so within five (5) business days from the date of your notification to us or if you fail to object within five (5) business days from the date of your notification to us or if you fail to object within five (5) business days from the date of your notification to us.
5.21 – You agree that you will not assign, sublicense, transfer, pledge, lease, rent or share your rights under this Agreement if you do not agree with the terms of this Agreement, or if you do not agree with the terms of this Agreement, or if you do not agree with the terms of this Agreement, or if you do not agree with the terms of this Agreement, or if you do not agree with the terms of this Agreement.
5.22 – When RED is notified or receives a payment for renewal or subscription of a service, it will accept it regardless of whether the holder of the payment corresponds or not to the holder registered in the client area as CONTRACTOR.
5.23 – The action of requesting or changing the CONTRACTING PARTY’S details in the client area for the assignment of services to a third party is understood to mean the reading and acceptance of these GTC’s and special conditions by the person accepting such assignment.
5.24 – In the cases set forth in Section 5.33, there shall be no rectification of previously issued tax documents in the name of the assigning CONTRACTOR.
5.25 – In the cases in which the assignment set forth in Section 5.23 occurs, the assigning CONTRACTOR, by changing the data in the customer file, will lose any right or title to the service with RED.
6 – Communications, law and forum:
6.1 – Communications:
a) – For the purposes of service of process for judicial purposes, namely for the fulfillment of pecuniary responsibilities arising from subscription of this service, the contracting parties agree to use the address indicated in the online subscription form/customer area.
b) – The CONTRACTING PARTY is obliged, as already stated in 2.2 d), to communicate any change in the address indicated in the online subscription form/myRedpost, being that, for purposes of service of process, if you don’t do it within the maximum period of thirty days you will incur the risk of being considered served at the address indicated in the online subscription form/myRedpost.
c) – The CONTRACTING PARTY may give up the service for any reason, as long as it does so in the terms set forth in 2.2 k) and/or, for final consumers within the deadlines set forth in the distance contracts law. You agree to comply with all applicable laws and regulations that apply to your use of the Locaweb Services.
d) – When the CONTRACTING PARTY makes the respective payment for the service, it is considered automatically renewed and for the time corresponding to the amount provided.
e) – RED can refuse the subscription of the service without being obliged to justify its refusal.
f) – RED reserves the right, at any time, to present changes to these conditions, as long as it notifies the CONTRACTOR five days in advance, via email.
g) – The changes referred to in 6.1 f) will only be effective for services subscribed to or renewed after its publication on the RED website.
6.2 – Law and Jurisdiction:
a) – RED is not subject to the obligation of surveillance over the information that CONTRACTOR transmits or stores through it, nor can be held responsible, under the terms of Decree-Law 7/2004 of January 7.
b) – The declaration of nullity, invalidity or ineffectiveness of one of the clauses of these GC by a legally recognized Court, does not affect the validity and effectiveness of the others and the maintenance of the contract.
c) – In the case provided for in 6.2 b), the maintenance of the contract as to the part infected by the defect shall be subject to the applicable subsidiary rules, with recourse, if necessary, to the rules of integration of legal transactions, as provided for in art. 16/2 of DL 446/85, of October 25.
d) – When the provisions of 4.2 b) are not used, or when their use results in an imbalance of benefits that is seriously detrimental to good faith, then, under the terms of Article 14 of DL 446/85, of 25 October, the system of reduction of legal transactions will apply.
e) – For the resolution of any dispute, when so provided, the solution provided in Law 63/2011 of December 14 shall be considered.
f) – For the resolution of disputes between the parties that can not be resolved according to 6.2 d) shall be considered only as competent the district court of Ourém.
g) – The provision of the service is governed by these GTC and other applicable Portuguese legislation.
7 – Intellectual Property
7.1 The regime applicable to registration is contemplated in Decree-Law No. 143/2014 of September 26.
7.2 RED reserves the right to sign the projects developed by RED, as well as the disclosure in its portfolio. It also reserves the right to analyze the servers proposed for hosting its web projects, in order to ensure all the necessary conditions for the proper functioning of the same.
7.3 RED also reserves the rights over all source code used in the development of web projects and multimedia, whose acquisition translates into the need for a consultation and respective cost proposal.
8 – Assistência Técnica e Suporte:
8.1 – For Customers without a support contract:
a) – The cost of support is 45€ per hour.
b) – The minimum time frames are counted in periods of 15 minutes.
c) – Services pricing chart:
Diagnosis ———————- 45€
Unblocking IP on firewalls ———— 27€
E-mail Configuration Desktop ———– 20€
E-mail Configuration Smartphone ——– 27€
E-mail creation and sending credentials ——- 15€
Removal spyware/virus on website ——— 75€
E-mail Migration Service (each e-mail) —– 25€
Recovery of lost data ———– 75€
Recovery of domain (1 week) ——— 60€
Hosting account recovery (1 week) — 75€
Remote Assistance Plus ————– 5€
On-site training (radius up to 25km) —– 60€
Price per Km ——————– 0.60€
d) – To the prices indicated add the VAT legally in force.
Revision: 06/09/2021
