General Conditions for Provision of Services
General Conditions for
Provision of Services
1- Subject and object
1.1- These general conditions, hereinafter CG, are intended to legally govern the terms and conditions under which the provision of internet services will take place, by Mixlife, Lda, headquartered at Estrada Nacional 3, Constância Shopping 9 C – 2250.028 Constância with the Tax Identification number: 502 665 696, hereinafter referred to by its registered trademark Mixlife numbered 399677, and the subscriber of the services, hereinafter referred to as the CONTRACTOR.
1.2- Attached, the CONTRACTING PARTY will have access to the specific Conditions of the service they wish to subscribe to.
1.3- With confirmation of the subscription form, the CONTRACTOR expressly accepts, without reservations or reservations, any and all of these clauses, or attached clauses referring, specifically, to the services to be subscribed.
1.4- Payment relating to the subscription to the new service or the renewal of an existing service is also considered as acceptance, without reservations or reservations in these clauses, and attached clauses when necessary for the service. All words or expressions listed below must be understood according to their respective meaning:
myMixlife – Exclusive area for Mixlife customers, with access restricted by login and password and which allows the CONTRACTOR to manage their service(s), change those already subscribed and/or subscribe to new ones, having access to renewal dates and other important information. It also allows you to edit and modify contact details, billing and contact emails, and for these changes you must comply with the stipulations in these GC.
Backups – Security copies.
Service code or ID – Code assigned by Mixlife to the CONTRACTING PARTY's service(s), in order to enable its quick and efficient identification among others. Each service corresponds to a different and unrepeatable ID.
Payment code or Invoice – Code assigned by Mixlife to the payment order(s) made by the contracting party. This code exists to enable quick and efficient identification of the payment itself and the service(s) to which it refers. Each payment order corresponds to a different and unrepeatable ID/Invoice. The ID/Invoice is generated by the payment order and not by the payment itself, so if it is not paid within fifteen days it will be automatically cancelled.
Support code or Support PIN - The PIN is an identification code generated in myMixlife, by the CONTRACTOR himself, or another with legitimate access, and which, by indicating it, will allow him to access our services, by any means , requiring confidential data. The PIN code, for the CONTRACTOR's security, has a usage time reduced to 45 minutes and whenever a new PIN is generated, the previous one, if still in use, will be automatically deleted.
Authorized email – The authorized email is the main email that the customer provides as a contact email when subscribing and which can be changed by the customer at any time, notifying Mixlife of the change or requesting Mixlife to make it. All information and notifications to which Mixlife is obliged and others will always be sent to this email address, even if they can also be sent to another authorized email address. All changes and requests that are confidential and fundamental to the provision of the service must come from this email address, or another for the indicated purpose, unless a Support PIN is indicated.
Financial email – The email address that the customer can define in myMixlife in due course or indicate to be added as the address to which Mixlife will be authorized to provide all data regarding financial matters.
Technical Email – Similar to the financial email, this will be the email address to which Mixlife can send all technical data, including confidential service access data.
IP Address /Hostname – Address that Mixlife provides to the CONTRACTOR so that the latter can access and manage its service.
Subscription form – Online registration form that exists on the Mixlife website, which refers to any service and which allows the CONTRACTOR to subscribe to the service, using the data provided in this form to fill in the myMixlife data.
Parties – Parties should be understood as those involved in the contracting, Mixlife and CONTRACTING PARTY.
Authorized email change procedure – When the CONTRACTOR loses, for any reason, access to the authorized email address, they must request its change by duly signed/stamped request letter/fax. The change form can be downloaded at https://www.Mixlife.pt/company/conditions. The form must be accompanied by the mandatory documents described therein. When a company, copy of the subscriber's identification document (Ex: ID card, Driving license) and copy of the Tax Identification Number/permanent certificate/permanent certificate consultation code that prove the data contained in the Customer Area. In the case of an institution or association, a copy of the statutes and/or minutes of taking office, as well as a document identifying the person in charge (BI/CC/Driving license). When final consumer or natural person, copy of BI/CC or driving license.
Service proposal – What Mixlife undertakes to provide upon subscribing to a particular service, which may be presented by a proposal sent by email or by what is stipulated on the Mixlife website regarding the service in question.
AUP – Acceptable Use Policy – Available for consultation and download, and which must be considered as an integral annex to these GC.
Paying holder – Subject in whose name the act of providing payment for subscription or renewal of service is carried out.
reseller CONTRACTING PARTY – CONTRACTING PARTY that, by acquiring a resale account, server, or massive number of services, dedicates itself to the resale, with or without added value, of Mixlife services.
SLA – Service Level Agreement – Service level agreement.
Third party complainant – Person who comes to Mixlife claiming to be the legitimate owner of a service, by presenting a document that proves his ownership, even though he is not the one registered with myMixlife.
Username – Identification code of the CONTRACTING PARTY when accessing the services provided by Mixlife. This code is indicated to the CONTRACTOR by Mixlife.
Password – Access code to the services that is initially provided by Mixlife, but which must be changed and jealously guarded by the CONTRACTING PARTY
2- Subjects and object
2.1 – Restrictions:
- Mixlife servers cannot be the origin, intermediaries, or destination address involved in the transmission of “SPAM”, with “SPAM” being considered all unsolicited e-mails whose target is newsgroups, faxes and emails.
Due to security and prevention of cases of abuse, fraud and sending SPAM, some dedicated services have ports 25 and 465 blocked, so if it is essential for the CONTRACTOR that these be unblocked, they must request it to [ email protected] , I read it presenting legitimate justification for its use. Considering the reputation of your IPs and the management of your network, Mixlife will, in these cases, be the sole arbiter in analyzing the acceptance of the unblocking request
- The CONTRACTOR is prohibited from using any program/file that consumes too many resources on the server or harms the proper functioning of the same or third parties.
- Any attempt, in any way, to destroy or cause damage to the servers is prohibited.
- On Mixlife's servers, any material related to sex trade and prostitution, pornography, pedophilia, xenophobia, racism and undue usurpation of intellectual property or copyright infringement, as well as any other content considered illegal and punishable under the law, will be prohibited. Portuguese.
- Sites that link to sites with the content referred to in paragraph d) are also considered prohibited.
- All activities considered prohibited in the PUA are considered prohibited.
- If the CONTRACTOR violates, in any way, the provisions of the aforementioned paragraphs: a); B); w); d) and e), Mixlife reserves the right to immediately deactivate the service in question without any obligation to provide prior notice or refund.
- In addition to the legally recognized authorities, between the parties, Mixlife will be considered the sole arbitrator, responsible for evaluating what is or is not considered a violation of what is stipulated as prohibited in the GC.
- Under the terms of the law, Mixlife may demand compensation from the CONTRACTOR for damages caused by violation(s) of the CG, when justified.
2.2 – Obligations:
- Make the payments you will be required to make promptly after subscribing to the service.
- Make available to Mixlife all information, even confidential information, that appears to be justifiably necessary to ensure the maintenance and good provision of the service.
- Refrain from any conduct that may go against what is prohibited in 2.1 or the AUP.
- Keep all contact details duly updated, especially those used for billing purposes, and you are obliged to inform Mixlife via email when you change your details.
- The email indicated in myMixlife as the main contact email – authorized email – cannot be changed without prior notice/request to Mixlife for this purpose.
- If the CONTRACTING PARTY for any reason loses access to the authorized email address, they will have to undergo the authorized email change procedure to which they expressly agree. Accepting that through this procedure, Mixlife will be able to provide legitimate access to the new email indicated in the form. Therefore, THE CONTRACTOR cannot claim any lack of Mixlife's obligations regarding its duties of secrecy, confidentiality or information security.
- The CONTRACTOR must ensure and protect, under any circumstances, the confidentiality of the username and password provided by Mixlife, namely by not revealing them to third parties, and by not operating under conditions that allow their decoding and copying.
- It will be up to the CONTRACTOR to define the terms of access and define the conditions of use of usernames and passwords provided by Mixlife to the CONTRACTOR by users other than the CONTRACTOR.
- The CONTRACTOR undertakes to identify himself whenever he accesses Mixlife services, using the identification elements assigned to him by Mixlife, namely customer ID, service ID or Support PIN.
- The CONTRACTOR undertakes not to use, under any circumstances, the identification elements assigned to other CONTRACTORS.
- It is the CONTRACTING PARTY's right to withdraw from the service and may do so by not paying for the service renewal.
3- Obligations imputed to Mixlife:
3.1 – After the service is subscribed by the CONTRACTING PARTY, Mixlife will, within a short time, send an email with the service data and payment information which is understood as a declaration of acceptance of the CONTRACTING PARTY's subscription.
3.2 – After creating the customer file, Mixlife will send the CONTRACTOR access data to the myMixlife reserved area, with the login always being the same as the email indicated by the CONTRACTOR, so:
- The CONTRACTOR must enter their reserved area, check the data in their customer file and, if necessary, make the necessary changes, notifying Mixlife whenever necessary. Understanding, therefore, that it is your responsibility to provide reliable and truthful data.
- Three days after sending/receiving the email indicating the access data to myMixlife, the data contained in the customer file will be considered confirmed and will become effective for the purposes of billing, ownership and authorized email addresses.
3.3 – Mixlife is obliged to activate non-customized services contracted in
few hours (normally, 24 working hours), counting from the full fulfillment of the formalities required regarding payments (see article 5) and unless prevented by force majeure or any external circumstances that cannot be controlled by Mixlife.
3.4 – Mixlife assigns the CONTRACTING PARTY a username and password to access the subscribed service, which will be sent by email to the main email address, when the service begins.
3.5 – Mixlife is obliged to promote the connection of its servers to the Internet as a way of operationalizing the display/access of the CONTRACTING PARTY's content
3.6 – Manage the environment in which the server hosting the CONTRACTING PARTY's content is located as established for the service.
3.7 – Identify problems with interruptions in data communication, via TCP/IP, between the Mixlife server that hosts the CONTRACTOR's content and the Internet.
3.8 – Provide an IP address or hostname that allows 24/7 connection to the server that hosts the CONTRACTOR's content.
3.9 – When a server is prevented from working due to the need for technical intervention, Mixlife undertakes to do so as quickly as possible, reducing service disruption to a minimum.
3.10 – Mixlife is not obliged to make backups of any data and content held by the CONTRACTING PARTY, unless expressly contracted and under such terms.
3.10.1 – When Backups are contracted, the CONTRACTOR understands and accepts:
- Backups are, by their nature, corruptible files, and therefore despite Mixlife complying with the contracted routine and policy, its backups may exceptionally be corrupted, and as such unsuitable for restoration at the desired date/time. To this end, it is advisable for the CONTRACTOR to have more than one restore point in its policy to guarantee redundancy and reduce the probability of failure.
- The CONTRACTOR, understanding what is indicated above, understanding that, out of caution and to mitigate the risk of loss of content, it must continuously and uninterruptedly carry out backups of its data and content, and must do so under its professional and financial.
3.10.2 – For the sake of security, Mixlife tends to make backups of services provided free of charge, or as a courtesy, as is the case, non-exclusive and given merely as an example, of email services associated with the email registration service. domain. In these cases, Mixlife having account backups will not be an obligation to replace or make them available, and you can do so by paying for an extra maintenance service, charging an amount starting at 25 Euros (plus VAT).
3.10.3 – If the services are in a suspended state, even if backups are contracted or included, Mixlife reserves the right not to perform them. Contracted or included backups will only be carried out for services in active status and with payments on time. In cases where Mixlife has carried out, out of care or security, backups to services in a state other than active, there will be no obligation to replace or make them available, and may do so upon payment of an extra maintenance service, charging an amount from 25 Euros (plus VAT).
3.10.4 – Whenever there is no justified urgency or the SLA does not require it, the replacement of backups is handled on a first-come, first-served basis, so the waiting time will always be a function of the number of occurrences and the size of the files to be restored , and therefore impossible to predict. Therefore, if you wish to obtain priority in replacement, without prejudice to justified emergencies and SLA obligations, you can request the feasibility of obtaining priority by paying for an extra maintenance service charged at a value starting at 25 Euros (plus VAT).
3.10.5 – With the CONTRACTOR being duly warned that the action of parking and unparking domains may result in the loss of information, namely emails, whenever it does so and this action results in the need to restore a backup, Mixlife will do so through payment for an extra maintenance service charging an amount starting at 25 Euros (plus VAT).
3.11 – Make every effort to ensure that the system blocks undue and harmful access to the server on which the CONTRACTING PARTY's Content is inserted.
3.12 – Provide the CONTRACTING PARTY with adequate technical assistance to respond as quickly as possible to any requests or requests for clarification. Support requests are processed on a first-come, first-served basis, without prejudice to the priority given to urgent cases or services with a contracted SLA. The response to incidents will always depend on the number of incidents in the queue and their complexity, which is why it is impossible to predict the waiting time for a response to a given incident.
3.13 – Mixlife undertakes to make every effort to ensure that its customer support incidents are responded to in the shortest possible time, using the technical operators best able to respond to the matter and in the best way possible. Considering that this obligation only applies when there is reasonableness in the request for assistance and to the extent that it is possible to provide it.
4.1 – THE CONTRACTOR understands and accepts:
- The impossibility of guaranteeing continuous use, without interruptions and completely free from unauthorized use.
- It may occur that the server is prevented from working and this could lead to a breakdown in services, loss or damage to content.
- Support for the Mixlife CONTRACTOR is carried out on a best effort basis and on a first-come, first-served basis, if another is not specifically contracted. Support can be accessed via email, livechat or telephone. Telephone support can be provided via the number 707 200 933, as this is an added value number, the CONTRACTOR can contact support via the number +351 249 739 099 (Call to the national landline network).
4.2 – Therefore, in the cases referred to in paragraphs a) and b) of point 4.1, Mixlife excludes, to the extent permitted by law, its liability.
4.3 – Mixlife is not obliged to configure or provide any service that is not expressly provided for in the service proposal.
4.4 – Mixlife cannot be held responsible for losses (direct, indirect or consequential) or damages resulting from the assistance to which it is obliged by 3.13, whether due to the way it was provided, advised or not provided, except in cases provided for by law.
4.5 – Mixlife will not be held responsible for any losses or damages caused by abusive use of identification codes and passwords, which once provided to the CONTRACTOR become their sole responsibility as stipulated in 2.2 g); h) ei).
4.6 – Mixlife is exempt from any obligation to provide assistance or any type of technical support and clarification to the customers of the reseller CONTRACTING PARTY, since the service is provided to the CONTRACTING PARTY and not to the end customer of the reseller CONTRACTING PARTY.
4.7 – Any type of damage, loss or loss of profit that may arise from the defective provision of service, even if it is the responsibility of Mixlife, cannot be reimbursed to the CONTRACTING PARTY's reseller customer.
4.8 – Mixlife will not be responsible for any dispute in which the CONTRACTOR is a party and which opposes it to a third party, due to the use, direct or indirect, of the service. In particular, it is not responsible for any irregularity arising from the use of the domain name(s).
4.9 – Mixlife is not responsible for any complaints made by third parties that domain names registered (or registration requested) by Mixlife infringe or offend any rules, restrictions imposed by law regarding the registration of brands and companies.
4.10 – Mixlife disclaims any responsibility, if at any time, in its discretion, it discloses information necessary to comply with the law, regulations, judicial or public orders, and, in whole or in part, edits, refuses to post online or removes the information or content of the Customer.
4.11 – Mixlife is not responsible under these GC or in non-contractual terms, 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 damages arising from or in connection with:
- Any acts, omissions, failures or delays occurring without negligence or willful misconduct on the part of Mixlife, or when the good provision of the service is subject to the influence of external circumstances that are not controllable by Mixlife.
- Failure of a Registration or server failure due to force majeure.
- IP blocking caused by cases related to abuse or massive sending of emails, with Mixlife servers limited to sending a maximum of 500 Local Emails per hour for prevention purposes.
4.12 – Mixlife does not waive, with these GC, the responsibilities imposed on it by Law No. 24/96 or any other liability that under the law cannot be waivered.
4.13 – Mixlife is responsible for losses and damages arising from the defective provision of its services or failure to comply with the obligations attributed to it in these GC under the terms and measures stipulated by law and its SLA below:
|Latencies – monthly averages:
|Penalties on the monthly fee
|Round Trip max
|Packet loss max.
|Portugal (via Giga PIX)
|< 99.9% to 99.50%
|99.49% to 99.00%
|98.99% to 98.00%
|97.99% to 95.00%
|94.99% to 90.00%
|89.99% to 80.00%
4.14 – The Mixlife DNS cluster is a set of Mixlife servers distributed globally with the aim of offering a name resolution service, translating a name into the corresponding IP. These servers are synchronized, ensuring that they all have the same DNS zones. It is a technical condition that there is only one DNS zone per domain or host.
4.15 – A domain name that is, as indicated by the CONTRACTOR, configured in Mixlife's DNS cluster, if it is non-cumulatively in an inactive state, without responding with any content, transferred or legitimately claimed by third parties, must be removed from Mixlife's DNS cluster. Mixlife.
In the case of a domain name that is configured in Mixlife's DNS cluster and is legitimately claimed, Mixlife will rename it and the previous administrator will be notified of this operation afterwards.
4.16 – The renaming will be carried out by incrementing a sequential digit starting with one.
4.17 – Considering that the CONTRACTOR is aware of its obligation to remove DNS cluster domains from Mixlife, it understands and accepts that Mixlife carries out the removal/renaming in accordance with 4.15 and 4.16.
4.18 - Mixlife reserves the right to suspend any or all of the services contracted hereunder, if the CONTRACTOR fails to comply with any of its obligations or responsibilities in these stipulated clauses as well as in the applicable specific conditions.
4.19 – Mixlife will be forced to suspend any or all of the services contracted herein if requested to do so by court or by an authority empowered to do so.
4.20 – In the cases provided for in 4.18 and 4.19, Mixlife, before suspending the service, if it is not urgent for preventive reasons, will notify the CONTRACTOR via email to the authorized email, that the service will be suspended within a period of 24 hours if the situation is not regularized by the CONTRACTOR.
4.21 – Under the terms of 4.20, when there is a need, as a preventive measure, to immediately suspend the service in question, the CONTRACTOR will be notified, in the same way, but after suspension of the service, and will remain so until the situation is resolved. regularized.
4.22 – The CONTRACTOR is solely responsible for its contents for the duration of this service subscription. The CONTRACTOR is, therefore, aware that whenever Mixlife is legally questioned about the user of a certain service that is on its infrastructure, it will identify him or her without it being considered a violation of the duty of secrecy or privacy.
4.23 – In compliance with the provisions of 4.20, 4.21 and 4.22, Mixlife will notify, via email, the CONTRACTING PARTY whenever cases of abuse are detected or reported, granting a reasonable period of time to resolve the problem.
4.24 – In the cases provided for in 4.20, 4.21, 4.22 and 4.23, the CONTRACTOR undertakes to remedy the abuse or other problem reported within the period offered.
4.25 – If the CONTRACTING PARTY does not comply with the stipulations in 4.24, there will be a forced intervention by Mixlife, which the CONTRACTING PARTY declares to authorize, in order to only investigate and try to resolve the situation.
4.26 – When there is forced intervention on the part of Mixlife in order to resolve a problematic situation resulting from the CONTRACTOR's failure to comply with the provisions herein regarding antivirus security rules and the above, this intervention will be charged within the following table:
|Abuses related to “Phishing”
|Abuses related to SPAM
|Other types of abuse
The amounts charged for Mixlife's forced intervention will be invoiced with VAT at the legal rate in force, immediately, and the invoice must be paid in advance.
4.27 – In the event of repeated non-compliance by the CONTRACTOR with what is imposed by 4.25, Mixlife reserves the right to suspend the services contracted herein, communicating to you via email.
5- Costs and payment methods
5.1 – The values of the services covered by these GC are those defined in the price tables displayed on the Mixlife page, to which, when displayed by default, VAT will be added at the legal rate in force.
- In compliance with the law, Mixlife makes it possible for the CONTRACTOR to view all prices including VAT, to do so they will only have to activate this viewing option in the footer of the Mixlife website.
- Under the terms of the law, VAT will be applied at the legal rate in force, to all CONTRACTORS residing in Portugal and with tax data issued by the Portuguese Government, as well as to all final consumers residing in the EU space, with payment notices and invoices are issued in EUROS.
5.2 – Mixlife 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 CONTRACTOR finds sufficient reason to change prices, the CONTRACTOR may make use of its right of termination under the terms set out in point 2.2 k).
5.4 – The service provision time starts from the moment it is activated by Mixlife and ends on the date indicated respectively in the CONTRACTOR's customer area.
5.5 – Mixlife undertakes to send payment notices, by email to authorized/main email, fifteen and five days in advance of the expiration date indicated in the CONTRACTOR's customer area regarding services and thirty, fifteen, five and one day(s) in advance regarding domains. (crf.5.4).
5.6 – Payments must be made, ensuring proper collection, by the expiration date indicated in the CONTRACTOR's myMixlife, (see 5.4). Good collection, depending on the payment method, can take up to 4 business days.
5.7 – After the deadline set out in the CONTRACTOR's customer area for the respective payment of the service, Mixlife will allow a maximum of 48 hours, after which a final notice will be sent informing that the service is suspended or suspended.
5.8 – After sending the notice mentioned in point 5.7, without the CONTRACTOR proceeding with payment, the service will be suspended.
5.9 – Anticipating cases in which the CONTRACTING PARTY intends to reactivate the service, Mixlife will maintain the suspension for the maximum time that the type of service allows, before an order is given for its final cancellation, making its reactivation unfeasible from then on. . In the case of dedicated servers, vps, and cloud servers, services may be permanently deleted 8 days after the expiration date.
5.10 – If the CONTRACTOR requests Mixlife to reactivate the suspended service, payment must refer to the date on which it should have been initially provided and not to the date on which its reactivation is requested.
5.11 – Once the time mentioned in point 5.9 has elapsed, Mixlife reserves the right to cancel the service and delete the content.
5.12 – After payment by the CONTRACTOR for the subscribed service, Mixlife will make the respective Invoice available to the CONTRACTOR.
Mixlife is also ready, in extraordinary and duly justified situations, to do so in advance in a payment invoice which will also be valid as a receipt after successful collection and by attaching the respective proof of payment.
5.13 – Mixlife will send the CONTRACTOR a warning email to the authorized email address as soon as the accounting document is available.
5.14 – In order for Mixlife to comply with points 5.12 and 5.13, the CONTRACTOR must keep its contact and billing details duly and correctly updated and in accordance with point 2.2 d). If the billing data is considered incorrect, incongruous and the customer does not rectify it in a timely manner, the invoice will be issued to the end consumer.
5.15 – For Mixlife, the holder of the service is the person registered with myMixlife.
5.16 – The invoice will be issued in the name of the service holder, according to the person registered with myMixlife, and the CONTRACTOR therefore assumes responsibility for verifying the consistency of these data and their conformity with the truth.
5.17 – Mixlife is exempt from the obligation 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 issue.
5.18 – In cases where the service is billed in a name other than that of the payment holder, but as registered in the CONTRACTING PARTY's customer area, under the terms of 5.17, Mixlife reserves the right not only to refuse to cancel the tax document such as not recognizing the paying holder any ownership rights over the service.
5.19 – When the provisions of 5.18 occur, and the paying holder demands service management, Mixlife reserves the right to grant it, if once the CONTRACTOR has been notified via the authorized/main email address, the CONTRACTOR does not make a valid objection and based on five working days.
5.20 – When the third party complainant claims legitimate ownership of a service, upon presentation of proof, which Mixlife fully understands, of this ownership, Mixlife reserves the right to grant him management and/or the right to renew the service if a Once the CONTRACTOR is notified via the authorized/main email address, the CONTRACTOR does not make a valid and well-founded objection within five working days.
5.21 - After the 5 business days provided for the CONTRACTOR's opposition in 5.19 and 5.20, Mixlife reserves the right to grant management of the service and/or right of renewal to the third party complainant if the opposition is not duly substantiated and valid , or the CONTRACTOR does not respond.
5.22 – When Mixlife is notified or receives a payment for renewal or subscription to a service, it will accept it regardless of whether or not the holder of the payment corresponds with the holder registered in the customer area as a CONTRACTOR.
5.23 – The action of requesting or changing the CONTRACTOR's data in the customer area for the transfer of services to a third party means the reading and acceptance of these GC and special documents by the acceptor of this transfer.
5.24 – In the cases provided for in 5.33, there will be no need to rectify tax documents previously issued in the name of the assigning CONTRACTOR.
5.25 – In cases where the assignment provided for in 5.23 occurs, the assigning CONTRACTOR, by changing the data in the customer file, will lose any right or title to the service with Mixlife.
5.26 – For reseller CONTRACTORS who choose to transfer their customers directly to Mixlife, this will be done by passing the ownership recorded in the customer files to the reseller's own end customer.
5.27 – Under the terms of 5.26, this transfer is made in accordance with established private agreements, and regardless of what is agreed, Mixlife is not responsible for:
- Damages, losses, or resolution of pre-existing problems, or even subsequent ones, that arise from the provision of services by the reseller CONTRACTING PARTY, now assignor.
- Renewal of services that are not paid on due dates or in advance.
- Ensure special or individualized treatments previously provided by the reseller CONTRACTING PARTY to the reseller's end customers.
5.28 - When there is an assignment under the terms of 5.26, Mixlife cannot be sued in court for any contractual breach arising from the previous relationship between the reseller CONTRACTING PARTY and the reseller CONTRACTING PARTY's end customer, as well as for any damage, loss or loss of profit that may arise from this breach .
5.29 - The CONTRACTING reseller understands and accepts that by the act of assignment in accordance with 5.26, he is obliged to expressly make known to his end customers the terms of 5.26, 5.27 a), b) and c), 5.28, 5.29, 5.30, 5.31, 5.32 and 5.33.
5.30 – The reseller CONTRACTOR assumes its responsibility that end customers assigned under the terms of 5.26, have read and accept these GC and other mandatory complementary annexes, as well as the dates and renewal values for the assigned services.
5.31 – By creating the customer file under the terms of 5.26 and consequent notification of the reseller's end customer about it, it is understood that they have read and accept our GC and other mandatory complementary annexes.
5.32 – Under the terms of 5.26, the veracity, compliance and provision of the data transferred to create the customer file is the exclusive responsibility of the reseller CONTRACTING PARTY. As the assigned end customer will be notified of the creation of this form and in accordance with 3.2.
5.33 – Therefore, also under the terms of 3.2 a) and b) the assigned end customer will have the regulatory time to make changes or corrections to the data offered by the reseller CONTRACTING PARTY, after which the data will be considered confirmed.
5.34 – If the CONTRACTOR has some amount available in its current account, and has not deactivated the renewal option via current account, all services to be renewed will be debited directly from the current account based on the available amount.
6- Support and communication requests
6.1 – Communications made between Mixlife and the CONTRACTOR will be carried out by email to the email address(es) provided for contact details of the CONTRACTOR's customer area, safeguarding all communications that, by law, provide for other way.
6.2 – To find out what it is, make the change or add more email addresses to the general email, the 1st Contractor may:
- Enter your customer area, carrying out the desired actions;
- Request it by email to [email protected] from the authorized email address.
- If there are difficulties in identifying your authorized email address, you can ask Mixlife, through its customer service, to provide a partial and indecipherable indication for third parties, so that the owner can identify which email address they use. allocated as general email. In these cases, to speed up support, without compromising information security, Mixlife may give you a clue via this email:
- In writing through the use of email address camouflage by replacing some characters in the email address with symbols such as * or #.
- On the phone indicating the domain associated with the email or offering a clue, but omitting parts of the entire address.
6.3 – In direct contacts, to avoid entropy, so that it is feasible for us to provide immediate responses, even if they have no impact on the service, you will be asked for your customer ID, with the possibility of adding the two-way identification method or three factors. Therefore, you may be asked to indicate the general email address of the account, the associated tax number, some of the services in your account, address details, service IDs, or others that may show that the person who is contacting us contact is in fact the CONTRACTOR.
Commercial information and pre-sales contacts are excluded from these obligations.
6.4 – To change the authorized email, when otherwise prohibited, the CONTRACTOR will have to undergo the authorized email change procedure using a form that can be obtained on our website or requested via email [ email protected] . To verify the identity of the person submitting the form, they will be asked to provide proof of their personal identity and, if applicable, their legitimacy to act on behalf of a company or other entity.
6.5 – The CONTRACTING PARTY may use the Support PIN to identify themselves when accessing Mixlife services, in writing, when not via authorized email, or by any other means.
7- Processing of Personal Data
Without prejudice to the provisions above, the Customer will typically act as controller of the personal data that is processed in connection with the provision of the Services, except when acting as a subcontractor on behalf of a third party (for example, a customer of the Customer). In turn, Mixlife, Lda will typically act as a subcontractor on behalf of the Customer regarding the processing of personal data inherent to the provision of Services. The subcontracting relationship between the Client and Mixlife, Lda will be governed in compliance with the instructions issued by the Client, which are contained in our Personal Data Processing Agreement, available at: https://www.mixlife.pt/legal , more specifically through the following address: https://www.mixlife.pt/acordo-de-tratamento-de-dados-pessoais-standard/ . The Personal Data Processing Agreement is an integral part of these Terms.
If the Customer wishes to change the content of Annex 1 of our Personal Data Processing Agreement, they must contact [email protected] .
8- Communications, law and Forum:
8.1 – Communications:
- For the purposes of service within the scope of legal action, namely aimed at fulfilling financial obligations arising from the subscription to this service, the parties agree on the address indicated in the online subscription form/customer area of the CONTRACTOR.
- The CONTRACTOR is obliged, as already stipulated in 2.2 d), to communicate any change to the address indicated in the online subscription form/customer area, and, for the purposes of notification, if it does not do so within a maximum period of thirty days will run the risk of being considered cited at the address contained in the online/myMixlife subscription form.
- The CONTRACTOR may withdraw from the service for any reason, as long as it does so under the terms set out in 2.2 k) and/or, for end consumers, within the deadlines set out in the law on distance contracts. Other legally protected circumstances are also safeguarded where other forms are expressly provided for.
- When the CONTRACTOR pays for the service, it is considered automatically renewed for the period corresponding to the amount provided. e) Mixlife may refuse to subscribe to the service without being obliged to justify its refusal.
- Mixlife reserves the right, at any time, to present changes to these conditions, as long as it notifies the CONTRACTING PARTY five days in advance, via email.
- The changes referred to in 6.1 f) will only begin to take effect for subscribed or renewed services after their publication on the Mixlife page
8.2 – Law and Forum:
- Mixlife is not subject to an obligation to monitor the information that the CONTRACTOR transmits or stores through it, nor can it be held responsible for this, under the terms of DL no. 7/2004 of January 7th.
- 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 remaining clauses and the maintenance of the contract.
- In the case provided for in 6.2 b), the maintenance of the contract regarding the defective part is subject to the applicable supplementary rules, with recourse, if necessary, to the rules for the integration of legal transactions, as provided for in article 16o/2 of the DL no 446/85, of October 25th.
- When the provisions of 4.2 b) are not used or, when their use results in an imbalance of services that seriously undermines good faith, in accordance with article 14 of DL no. 446/85, of 25 October, the regime for reducing legal transactions.
- To resolve any dispute, when so provided, the solution provided for in Law 63/2011 of December 14th must be followed.
- For the resolution of disputes between the parties that cannot be resolved according to 6.2 d) only the court of the district of Abrantes should be considered competent.
- The provision of the service is governed by these GC and other applicable Portuguese legislation.