Terms and conditions
Terms and conditions
CLIENTS WHO TRUST OUR WORK
OUR CONDITIONS AND TERMS OF SALE
1. THE SERVICE PROVIDER
1.1. Mixlife Lda, a limited liability company with tax identification number 507 851 870, registered at the Viseu Commercial Registry Office under the same number, with registered office located at Rua Adelino Azevedo Pinto, Lote 29, 1º J, 3510-224, Viseu and fully paid-up share capital in the amount of €5,000.00 (five thousand euros), provides the CLIENT with the Services described on the website https://www.mixlife.pt under the commercial name “Mixlife”.
1.2. For the purposes of providing the Service by Mixlife Lda, the CUSTOMER must provide all requested data (mandatory data) in the ORDER FORM, under penalty of being refused the provision of any or all of the Services requested until the necessary information is provided. .
2. CONDITIONS OF SERVICE PROVISION
2.1. Mixlife Lda undertakes to carry out the necessary steps to provide the Services within the period agreed with the CUSTOMER, which is identified in the ORDER FORM or Quote Email sent by Mixlife.
The CLIENT further acknowledges and accepts that Mixlife Lda does not control the content of the information transmitted or disseminated by the CLIENT through the communications networks it uses, that the deadlines indicated in the quotes sent may be changed due to the complexity of the contracted services, due to requested tasks during the execution of the service that were not contracted, due to delays in sending and making available information necessary to perform the service and complex technical situations that may arise. The customer acknowledges and accepts that they will never be able to request any type of compensation for delays in the services provided and that Mixlife is not responsible for any loss of data and service interruptions on customer platforms, with customers being responsible for backup, hosting service, respective content and operation.
2.2. Mixlife Lda undertakes to maintain secrecy and keep confidential all data, content, information and elements disclosed and provided by the CLIENT within the scope of the conclusion and execution of this contract, regardless of the medium on which they are found, without prejudice to the provisions in regarding the use of personal data.
2.3. It is the CLIENT's sole responsibility to ensure that the equipment, web hosting, operating systems or computer programs it uses are suitable for the use of the contracted Service, under the terms described in the ORDER FORM or quote email sent.
This contractual instrument contains the General Conditions for the provision of services practiced by Mixlife Lda and the CLIENT, under the terms indicated in the ORDER FORM or quote email and you are aware that the Services that will specifically be provided to you are also subject to express PARTICULAR CONDITIONS in specific instruments that the Customer declares to have read and with which he agrees and accepts.
3. USE OF PERSONAL DATA
3.1. Mixlife Lda is the entity responsible for collecting and processing the personal data indicated by the CLIENT when concluding this contract, as well as those that Mixlife Lda may obtain during the term of the same.
3.2. Mixlife Lda will, in accordance with the legally established terms, collect and process the CUSTOMER's personal data that are strictly necessary for the provision of the Service in question, keeping them for as long as the contractual relationship is in force, being definitively deleted after the termination of the contract, except in cases cases in which the law expressly provides for the obligation to retain personal data for longer periods or in cases in which the National Data Protection Commission (CNPD) authorizes conservation for longer periods, taking into account the specific purpose of the processing carried out, in which case if the CLIENT is duly informed of this same purpose and deadline.
In order to properly execute the contract, the CLIENT is obliged to provide Mixlife lda with their true, complete and current personal data.
3.3. The contact details of the CUSTOMER, who is a natural person, may be used by Mixlife Lda, if expressly authorized, in direct marketing actions and promotion of services provided by it, in accordance with the provisions of article 13 of Law no. 41/2004, August 18th in the version conferred by Law no. 46/2012, August 29th.
3.4. In the case of a CUSTOMER who is a legal person, Mixlife Lda may send unsolicited communications for direct marketing purposes relating to goods and services provided by itself or by a company within the same Group, unless the CUSTOMER expressly refuses future receipt of this type communications and register on the national list of legal entities that expressly object to receiving unsolicited communications for direct marketing purposes, which the General Consumer Directorate (DGC) is responsible for keeping updated.
3.5. In any of the cases referred to above, the CLIENT will have the right to expressly and free of charge object, via email, to the sending by Mixlife Lda of electronic communications for direct marketing purposes,
3.6. Mixlife Lda guarantees the CLIENT the right to access their personal data stored in specific databases, namely to confirm their veracity, correction, verification of their purpose and the recipients to whom they are communicated, as well as updating, rectification and deletion , upon request sent via email [email protected] to Mixlife Lda.
3.7. The CUSTOMER declares, by this contract, to be aware that the indication of personal data contained in the ORDER FORM is a mandatory condition for the provision of the service contracted herein and that the request for deletion of the same from Mixlife Lda's databases will have the consequence the technical unfeasibility of said provision and, to that extent, relieves Mixlife Lda of any responsibility for ceasing to provide the Services on such grounds.
4. CUSTOMER’S OBLIGATIONS REGARDING THE USE OF THE SERVICE
4.1. The CUSTOMER undertakes not to use, and to prevent third parties from using, the Services, or part of the Services, to store, reproduce, transmit, communicate or obtain any material, data, images or information that:
(i) violates any legal or regulatory provision, code of conduct or conditions of use;
(ii) is abusive, indecent, defamatory, obscene, pornographic, threatening or otherwise offensive; or
(iii) violates any provision regarding confidentiality, intellectual or industrial property rights, privacy or any other rights of third parties, protected by the laws of any State or by any international treaty, (any of these situations referred to as “Offensive Materials”).
4.2. The CUSTOMER also accepts that, regardless of the type of Services provided under this Agreement, it will not:
(i) violate intellectual property rights, of Mixlife Lda or third parties, or any other property rights relating to computer programs, other programs and any other goods provided by Mixlife Lda for use of the Service;
(ii) use or allow others to use the Service for any unlawful purpose or likely to cause any disruption, including sending or transmitting unsolicited email (also known as “Spam”);
(iii) repair, modify or interfere, as well as insert into the network any type of programs, data or other information, which may, in any way, affect the service, cause damage to third parties or be considered illegal.
4.3. The CLIENT also undertakes to respect the Acceptable Use Policy (PUA) https://www.mixlife.pt/politica-de-utilizacao-aceitavel established by Mixlife Lda, which he declares to have consulted and known, as well as all those that will be communicated during the execution of the contract, as long as the latter do not cause a significant change in the use of the contracted Service; The CUSTOMER, if the conditions of use that Mixlife Lda communicates cause a significant change in the use of the contracted Service, may terminate this contract under the general terms of law.
4.4. The CUSTOMER acknowledges and accepts that it must keep, under its sole responsibility, a copy of all order requests/subscriptions for Services made through the website https://www.mixlife.pt or quotes emails sent as well as all related documents to invoicing and payments made to Mixlife Lda.
5. ELECTRONIC INVOICE
5.1. The CLIENT acknowledges and accepts that Mixlife Lda will issue electronic invoices in return for the provision of Services subscribed by the CLIENT, which will be sent to the email address indicated by the CLIENT in their Reserved Area, as well as all accounting documents that are necessary correct and valid billing for services provided to the CUSTOMER.
5.2. The CLIENT further acknowledges and accepts that they may choose to receive the accounting documents indicated in the previous point via CTT, and for this purpose they will have to request them by email from Mixlife.
6. SUSPENSION OF SERVICE AND CASES OF FORCE MAJEURE
6.1. Mixlife Lda reserves the right to suspend any of the Services contracted herein if: (a) the Customer violates any of the obligations contained in this contract and does not rectify the situation of non-compliance within 8 (eight) days after the request made by Mixlife Lda, or (b) Mixlife Lda receives a complaint from a third party regarding the CUSTOMER's use of the Services to store, maintain or transmit “Offensive Materials”, or receives communication from a public entity informing that the CUSTOMER may be using the Services in violation of the applicable legal provisions, or if the CUSTOMER violates the provisions of Clause 4 in any way, in all cases after a written request to the CUSTOMER, eight (8) days in advance for the CUSTOMER to remedy the faulty behavior.
6.2. Mixlife Lda also reserves the right to temporarily suspend the Services, for operational reasons, namely for the purposes of repair, maintenance or improvements to its network or Datacenter, upon notice of at least 2 (two) days, to the CUSTOMER, unless, for reasons of emergency or force majeure, such communication is impossible.
6.3. The party that fails to comply with any of the obligations established in this contract, for reasons beyond its control (“Force Majeure”), will not be liable to the other for that failure.
If the Force Majeure situation continues for a period exceeding 60 (sixty) days, either party may terminate the Contract by means of written communication addressed to the other party.
6.4. From the moment the website, store or other service provided by Mixlife is and made available to the CUSTOMER, the service provider is no longer responsible for its use, access or disclosure, this responsibility falling solely to the user;
7. DURATION AND RESOLUTION
7.1. These General Conditions for the Provision of Services have the duration stipulated for each of the contracts relating to the Services that the CUSTOMER subscribes, which will have the duration indicated in the ORDER FORM or Quote Email sent, automatically renewing at its end, except if the CUSTOMER reports it 30 days in advance of the term.
7.2. The CUSTOMER acknowledges that the resolution or termination of these General Conditions for the Provision of Services will determine the resolution of all PARTICULAR CONDITIONS in force at the time of communication of the resolution, with the resulting contractual and legal consequences.
7.3. The resolution by the CUSTOMER of any of the PARTICULAR CONDITIONS in force will only determine the resolution of these General Conditions for the Provision of Services if no other service (and respective PARTICULAR CONDITIONS) is active.
The definitive cancellation of the service determines the definitive loss of data saved on the server, with the CUSTOMER having the obligation to safeguard them before definitively canceling the service, if they wish to keep them.
8. PRICE, BILLING AND PAYMENT
8.1. The prices due for the provision of Services are duly detailed in the quote sent to the customer by email.
8.2. The CUSTOMER is aware and admits as an essential part of the formation of the Service Price that Mixlife Lda may update it and the other applicable fees, from the 1st of January of each year, as long as at least 6 (six ) months since the start of provision of the Service and as long as the update in question does not exceed the price paid plus the value of the inflation rate of the previous year, in accordance with the Consumer Price Index published by INE. This update must be communicated by Mixlife Lda to the Customer, however, without requiring authorization from the Customer.
8.3. The CUSTOMER is also aware that Mixlife Lda may update the Service Price and other applicable fees on an extraordinary basis. This update will be communicated to the CLIENT by email at least thirty (30) days in advance of the date on which it takes effect. At the end of this period and, having verified the continued use of the Service by the CUSTOMER in the subsequent thirty (30) days, Mixlife Lda. will consider that the new Service Price has been unequivocally accepted by the CUSTOMER who, in this way, waives the right to terminate the Contract that assists you, by changing the contracted Service Price. Resolution by the CUSTOMER will not determine the application of any penalty and will determine the suspension of the service within 30 (thirty) days after communication of non-acceptance of the new conditions.
9.1 Mixlife Lda can only be held responsible for losses or damages arising from non-compliance or defective compliance with this contract that are attributable to it as an act of intent or gross negligence, not being responsible in particular for (i) damages caused by the fault of the CLIENT or third parties , (ii) resulting from compliance with court decisions or administrative authorities, (iii) operating losses or (iv) resulting from the occurrence of force majeure situations, that is, situations of an extraordinary or unpredictable nature, outside Mixlife Lda and that cannot be controlled by it, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods or other natural cataclysms or other situations not controllable by Mixlife Lda. that prevent or harm the fulfillment of the obligations assumed under this contract.
9.2. The CLIENT expressly acknowledges and accepts that Mixlife Lda is limited exclusively to providing the Services, and is not responsible for the content of the information or any data made available or received via the Internet or communications networks, nor for facts or circumstances that demonstrate their illegality.
10. COMPLAINTS AND EXTRAJUDICIAL DISPUTE RESOLUTION
10.1. The CLIENT undertakes, before resorting to any court or arbitration, to try to resolve the dispute by notifying Mixlife Lda by email or registered mail of the content of their complaint. Mixlife Lda, for its part, undertakes to assess the complaint, notifying the CLIENT, in writing, of its conclusions within a maximum period of 8 (eight) business days from the CLIENT's notification.
11. SPECIFIC RULES APPLICABLE TO “CONSUMERS”
11.1. If the CLIENT is a “Consumer” within the terms of the definition set out in Decree-Law No. 24/2014, February 14, which governs contracts concluded remotely and outside the commercial establishment, he/she is considered informed for all purposes that You have a period of 14 (fourteen) days to terminate this contract from the date of conclusion of this contract if the mere provision of services is at stake, without payment of compensation and without the need for any justification, in which case, the Mixlife Lda will reimburse the CUSTOMER for the Service activation fee, if payment has been made.
11.2. In accordance with the provisions of article 18 of Law no. 144/2015, 8 September, Mixlife Lda informs its CUSTOMERS who are Consumers, according to the definition contained in the aforementioned legal diploma, that the complete list of Entities (RAL) – Alternative Consumer Dispute Resolution Entities existing in Portugal are available for consultation on the Consumer Portal accessible via the email address http://www.consumidor,pt .
11.3. Mixlife Lda also informs its Consumer Clients of the existence of an online dispute resolution platform that can be used when the Parties are domiciled in an EU State – RLL Platform and which is accessible via the email address http://ec.europa.eu//consumers/odr/ .
11.4. Mixlife Lda also informs its CUSTOMERS who are consumers under the aforementioned terms, that for the purposes of Alternative Dispute Resolution, their email address is [ email protected] .
12. CHANGES TO THE CONTRACT
12.1. Mixlife Lda may, whenever it deems necessary, change the Service Price as well as add or modify the General or Particular Conditions that govern the provision of the Service.
12.2. Without prejudice to the provisions of clause 8.2., changes or additions will be effective once 30 (thirty) days have passed after communication made to the CUSTOMER. The CUSTOMER may terminate this contract, without any penalty, by means of written communication sent to Mixlife Lda at least 15 (fifteen) days in advance, counting from receipt of the change in the terms of service, if it considers them unacceptable. The contract cannot, however, be terminated, under the terms of this clause, if modifications or additions to the general conditions are made by law or regulation. The use of the Service by the CUSTOMER, after the expiry of the period established for the termination of the contract under this paragraph, will be considered as an acceptance, by the CUSTOMER, of the modifications to the contract and as a waiver of the right to terminate the contract that applies to the CUSTOMER. The exercise, within the deadline, of the right to terminate the contract determines the suspension of the service on the date scheduled for the proposed changes to come into force.
13.1. Communications and notifications made under this contract will be made, unless otherwise specified, to the Mixlife Lda email address, set out on the Mixlife Lda website and, to the CUSTOMER's email address, set out in the ORDER FORM or Quote email sent, and Mixlife Lda may also make such communications to the CUSTOMER's billing address.
13.2. Pursuant to article 229 of the Civil Procedure Code, for the purposes of summoning the CLIENT within the scope of legal action aimed at fulfilling pecuniary obligations arising from this contract, the Parties stipulate as the agreed domicile, the address indicated in the ORDER FORM and quote email sent ..
13.3. The CLIENT and Mixlife Lda undertake to communicate to each other any change to the address indicated on the ORDER FORM or quote email sent, within a maximum period of 30 (thirty) days, via registered letter with acknowledgment of receipt, under penalty of another Party to be considered served at the address initially indicated.
14. LAW, CONTRACT AND JURISDICTION
14.1 This contract is governed by Portuguese law, with the determination of the forum based on the rules established in civil procedural law.
15. FINAL PROVISIONS
15.1 If any clause of this contract is declared, in whole or in part, null or void, the remaining clauses of the contract will remain fully valid and effective.
15.2 The CUSTOMER may not assign its position in this contract or transfer any rights or obligations arising therefrom without the prior written consent of Mixlife Lda.
15.3. Any modification to this contract must be in writing and signed by both Parties.