WEBSITE CREATION, MANAGEMENT AND MAINTENANCE CONTRACT
ALTAFOTO – LEVANTAMENTOS AÉREOS, LDA. at Casa Da Romeira, Armazém, Lugar Do Ribeiro 4925-366 Freixieiro de Soutelo, NIPC. 508312949 with a Capital Stock of 5.000,00€, hereinafter referred to as the Executor and the Client, identified in the front page of the present document hereby agree, that this contract refers to services rendering and it is conducted by the next clauses and, in what is omitted, by the legislation applicable in these cases:
1 - SUBJECT OF THE CONTRACT
1.1. - Under the present Contract the Executor shall be obliged on behalf and at the expense of the Client to render the following services: to create and develop a website for the Client.
2 - RESPONSABILITIES OF THE PARTIES
The Executor will provide the services described in this contract, beginning now, without any hierarchical subordination or dependence, and it’s the Client’s duty to cooperate and provide all the information and data needed, in order to achieve the full completion of the agreed objectives in this contract. The Client shall bear responsibility for authenticity of information mentioned in documents necessary for proper rendering of services by the Executor
3 - DELIVERY DEADLINE
The Client has 30 days after the signing of this document to provide the Executor all the data needed for the creation, develop or maintenance of the website. After those 30 days the Executor is no longer responsible and we’ll not be obliged to provide the service described in this contract, however the service will be charged and the cost will be charged to the Client.
4 - COMPLAINTS
1 – The Client has 30 days, after the delivery of the website, to present any complaints, referring to the product or to its functioning, that must be sent in writing, in a registered letter to the address of the Executor, shown in the beginning of this contract.
2 – After the complaint, the Executor has 90 day to proceed to the changes that are necessary in order to ensure the full customer satisfaction.
3 – If there is some missing data requested by the Executor and that isn’t provided by the Client, the Executor ceases to have the obligation to proceed to any changes, having the right to keep the amounts already paid.
4 – The Executor will not be held responsible for any denials or delays if any inaccurate data given by the Client may lead to the deadline delay.
5 - PRICE AND PROCEDURE OF PAYMENTS
1 - The cost of the present service will be the stipulated and shown in the front page of this contract.
2 – There will be an additional cost of 100,00 € plus VAT, at the legal and current tax, if there’s the need for an Executor’s employee displacement, to receive the payment of the service that’s already been delivered to the Client.
3 - The cost of this service is the one shown and properly identified in the front page of the present contract.
The Executor can change its price table, referring to website hosting, without previous warning, communicating this change to the client through a contact in his/her private customer area, inside the web application.
6 - NONACCOMPLISHMENT
The nonaccomplishment of the payment deadlines will make the client be in arrears in the payments. This means that the Client will pay interests that start on the date after the end of the deadline. These interests will be at the legal rates and they may vary if the Client is a commerce client or not.
7 - WEBSITE HOSTING
The website hosting will be hired separately, and its costs will not be included in this contract, therefore being object of another different contract.
8 – HOSTING CONTRACT RESOLUTION
If the Client wants to cease the contract and has chosen a contract marked as “Promotional”, the website will not be delivered to the Client.
If the Client wants to cease the contract and has chosen normal prized contract, it will have to send us a notification, in order for us to deliver the website.
9 - CONTENT RESPONSABILITY EXCLUSION
The Executor has no civic or legal responsibility, for the contents shown on the website. The Executor will only follow the instructions and insert the data given and chosen by the Client.
10.º DISPUTES RESOLUTION
All disputes, disagreements or claim shall be settled exclusively on Viana do Castelo’s district law-court, and the Client will renounce any other district law-court.
APPLICATION OR WEBSITE HOSTING CONTRACT
ALTAFOTO – LEVANTAMENTOS AÉREOS, LDA. at Casa Da Romeira, Armazém, Lugar Do Ribeiro 4925-366 Freixieiro de Soutelo, NIPC. 508312949 with a Capital Stock of 5000,00€, hereinafter referred to as the Executor and the Client, identified in the front page of the present document hereby agree, that this contract refers to services rendering and it is conducted by the next clauses and, in what is omitted, by the legislation applicable in these cases:
1 - SUBJECT OF THE CONTRACT
1.1. - Under the present Contract the Executor shall be obliged on behalf and at the expense of the Client to render the following services: to host the Client application or website.
2 - RESPONSABILITIES OF THE PARTIES
The Executor will provide the services described in this contract, beginning now, without any hierarchical subordination or dependence, and it’s the Client’s duty to cooperate and provide all the information and data needed, in order to achieve the full completion of the agreed objectives in this contract. The Client shall bear responsibility for authenticity of information mentioned in documents necessary for proper rendering of services by the Executor
3 - GENERAL RULES AND RESTRICTIONS FOR THE WEBSITE HOSTING
1 – The Executor’s servers cannot be the origin or the intermediary in transmitting and sending “SPAM”. The Executor considers being “SPAM”, all the emails that are unsolicited and which the targets are newsgroups, faxes and emails.
2 – If the account is involved in "SPAM" activities, the Executor can and will cancel it, without any refund. It is forbidden any sex, paedophile, xenophobic, racist contents on our servers. Any warez sites or links to this kind of sites are also forbidden. This prohibition is also applied to any sites that promote any kind of illegal activities and that may harm the correct functioning of our servers or a third party ones.
3 – It is forbidden as well some files or programs, such as:
An exploiter, Crack, MP3, heavy downloads, Nukers, Flooders or any other kind of programs that may harm the correct functioning of the servers.
If this kind of files or programs are to be found in the servers, the Executor can and will cancel the account, without any refunds.
4 – Any attempt to destroy or cause any damage on the server is strictly forbidden and the penalty will be the immediate cancelling of the account.
5 – The decision of the Executor in what concerns to the violation of web applications hosting rules are supreme and irreversible.
6 – The Executor it’s not responsible for the actions that the users may have or make on the server. In case of any public or state entity requests us info on a certain server we will not hesitate to provide it.
7 – It’s strictly forbidden to have programs that use too much resources of the server. If this happens the program will be erased.
8 – The Executor will not be held responsible for any damage caused by Force Majeure reasons. These are extraordinary or unpredictable reasons, not controlled by the Executor and to which the Executor cannot be held responsible.
9 – If one or more of these conditions is disrespected, the Executor can and will suspend the services.
The Executor will not be held responsible for the loss or prejudice to the Client caused by the suspension of the service, due to a nonaccomplishment of the Client.
4 – CONTENT RESPONSABILITY EXCLUSION
The Executor has no civic or legal responsibility, for the contents shown on the website. The Client is held responsible for the contents on the web sites.
5 – COMPLAINTS
1 – The Client has 30 days after the authorization to install its webpage on the server to present any complaints, referring to the product or to its functioning, that must be sent in writing, in a registered letter to the Executor’s address, shown in the beginning of this contract.
2 – After the complaint, the Executor has 90 day to proceed to the changes that are necessary in order to ensure the full customer satisfaction.
3 – If there is some missing data requested by the Executor and that isn’t provided by the Client, the Executor ceases to have the obligation to proceed to any changes, having the right to keep the amounts already paid.
4 – The Executor will not be held responsible for any denials or delays if any non-accurate data given by the Client may lead to the deadline delay.
6 - CONTRACT DURATION
This contract will have duration of twelve (12) months.
The contract will be automatically renewed if neither the Executor nor the Client communicate its intention to end it by registered letter send to addresses stated in this contract, 60 days minimum in advance.
7 - PRICE AND PROCEDURE OF PAYMENTS
1- The cost of this service is the one shown and properly identified in the front page of the present contract.
2- The Executor can change its price table, referring to website hosting, without previous warning, communicating this change to the client through a contact in his private customer area, inside the web application.
3 – There will be an additional cost of 100, 00 € plus VAT, at the legal and current tax, if there’s the need for an Executor’s employee displacement, to receive the payment of the service that’s already been delivered to the Client.
8 - BILLING
1 – The Executor reserves the right to suspend its account and will not be held responsible for loss or prejudice that may occur; the Client may always obtain information about payments by consulting its own customer area.
2 - All the services provided by the Executor can be charged.
3 – After receiving the payment, the Executor will send by email or letter the correspondent cash invoice. We would like to mention that we can send an anticipated invoice if requested to us by the Client.
4 – If the Client wants to cease the service, he/she will have to notify us by email or registered letter not less than 60 days in advance.
5 – The payment notices will be sent 5 days in advance by email. 5 days after the payment notices have been sent and if the payment is not made, the access to the customer’s area will be suspended.
6 – In the event of a payment delay, the services will be suspended for 10 days and if the payment is not regularized during this period, the account will be cancelled. The Executor will not be held responsible for the loss of data that may occur from this fact.
9 - NONACCOMPLISHMENT
The nonaccomplishment of the payment deadlines will make the client be in arrears in the payments. This means that the Client will pay interests that start on the date after the end of the deadline. These interests will be at the legal rates and they may vary if the Client is a commerce client or not.
10 - PACT OF VOLUNTARY JURISDICTION
1 – The Executor has the right to refuse the opening of an account without the need to present any justification for its decision.
2 - All disputes, disagreements or claim shall be settled exclusively on Viana do Castelo’s district law-court, and the Client will renounce any other district law-court.
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